"3> J 3 --> -*» 

> 3 . 

:» 30 ;> ^ 

>3> >- 



^2> . • > ■ 



►> s>2 



-^ :-:2» 3£^ 












' 33 

^>3 



LIBRARY OF CONGRESS. 



3» 33 ^ 


y> 


33 J> 


>» 


33 3 


>* 


33 3 


>» 


3>3 3 


»> 


3£>J> 


X» 


^> z*> ? 


3» 


33 3* 


J* 


:x>^» 



^>3> 






PRESENTED BY 



UNITED STATES OE AMERICA, 



3>^ - 

i 

33 - - 



3> 3^> 



33 

:x> 3 

^ -^ 

33 ar 
3> s> 

33 ^ 

3>3 2 
33 
33 



Jf> 3>3> 4 



:> .>3 






0>2 

33 
33 
33 

33 
33 

3SJ 

33 : 

'33 _ 









» 

30» 3E 

TO* 1>- 

3>>> . 
3_ 
1> 



^m$^ > 



fc 5»>3> ^ 

'imp 

32>i>_ 



> y> 



3» « 



x» _ 

3>3 > ■> : 
^ 3 > - 

33 3 > , 
333 

>3 

^ ^^ 

> 9 3 ^ 

> 1> 2> 333 

3 3 "3 ^ 5 



► 3> ^ 

))D 3 



3 3 

3 5 

~3#3 
3 3 
> x> 
i 3> 
> 0> 
3 3 
i 3» 
> 3) 



1> 3 

:3> 3 . 
3 3 
3 3 



» 



33> 

333 

33 

. 33 

33 

33 

33 

33 

33 _ 
^> - 

» -^ 

3> ::■_. 
3> ;■_: 



3^>3> 

D 3 3^ 
^ -3 3 



'■■ 3» i 3P> 3> 38> 3 5 

32»3 ^>3 3> _>) 

^ ^ -^ ^ -^ 

^ J> X>X3> 33- 

S ^ 33* 3> » 
^>>^> ^3 3> OJ 

3D»3> ^»>3^- 
^b^> 3> 33^3 J 
^%> 3> .33)3 -:I 
3 33 33^3 ~ 
3 v» 333 - 



^E > 3 _ 

^*> . Vi> 3 

> > ^> 3 12> ^ ^ 

> 3> >X 

J» 3 3^ >3> 

3 > ^S> 3-3 1 ) 

33X> 3^ ^13^ f 33> 

■32» ^ 3^ ^„> • >3) 

>^ 3^3^ >^3^ 3 D 

3 ) 3>_» v J> > 3 

3 > 333^ ^^ 3 3 

3S> o> 3» 

33 3 Vr, 3> ^3 > 3 



33. 5 

331. 

333^ 

3>> 
33> 23 
33> ^ 
3i> ^ 
33> ^ 

, 33> 

3 5^- ^ J? 



33X13.3 >^3 
33 >^^? 

>3 ^^^ 

33^ ^-|> >'1> 



^)3 

333 

^)3 ^ 

36>0 _ 

33 ^ ^ 

3> 



3 O) ^ 

: I 

► 3 



-^ 


> 


3 
3 
3 


> 
> 





JOURNAL 



OF 



THE CONVENTION' 



OF THE 

PEOPLE OF SOUTH CAROLINA,** 






HELD 



IN COLUMBIA, S. 0., SEPTEMBER, 1865. 



TOGETHER WITH THE 



ORDINANCES, REPORTS, RESOLUTIONS, ETC. 



i 
I 



PUBLISHED BY ORDER OF THE CONVENTION. 



COLUMBIA, S. C, 

J. A. SELBY, PBINTER TO THE CONVENTION. 
1865. 



J 



JOUENAL 

OF THE 

CONVENTION OF THE PEOPLE OF SOUTH CAROLNA. 



WEDNESDAY, SEPTEMBER 13, 1865. 

» 

Pursuant to the proclamation of His Excellency B. F. Perry, Provisional 
Governor of the State of South Carolina, providing for the calling of a 
Convention of the people of the State, to assemble in Columbia, on 
Wednesday, the 13fch of September, A. D. 1865, the Delegates from the 
several Election Districts of this State, assembled in the Baptist Church, 
in the town of Columbia, on this day, at 12 o'clock m. 

On motion of Mr. KOBEBTSON, of Fairfield, Mr. F. J. Moses, a 
Delegate from Sumter, was called to the Chair. The Chair then proceeded 
to appoint Mr. J. H. Norwood, a Delegate from Darlington, and Mr. F. W. 
McMaster, a Delegate from Richland, temporary Secretaries. 

The credentials of the following individuals were then exhibited, and 
their names enrolled as members of the Convention : 

From Abbeville — Messrs. D. L. Wardlaw, S. McGowan, Thomas Thomson, 
W. A. Lee and J. W. Hearst. 

From All Saints— Mr. U. A. De Lettre. 

From Anderson — Messrs. J. L. Orr, John Wilson, Alexander Evins, W. 
S. Pickens. 

From Barmcell — Messrs. A. P. Aldrich, J. J. Brabham, J. M. Whetstone. 

From Chester — Messrs. James Hemphill, A. P. Wylie, C. D. Melton. 

From Chesterfield — Messrs. John A. Inglis, Henry Mclver. 

From Christ Church — Mr. R. T. Morrison. 

From Clarendon — Messrs. James McCauley, John Peter Richardson. 

From Darlington — Messrs. David C. Milling, J. H. Norwood, J. E. Byrd. 

From Edgefteldr-Messis. W. S. Mobley, G. D. Tillman, Ii. G. M. Duno- 
Tftnt, F» W. Pickens, Paul F. Hammond. 



4 WEDNESDAY, SEPTEMBER 13. 

From Fairfield — Messrs. Jas. H. Rion, John Bratton, William R. Robert- 
son. 

From Greenville — Messrs. William H. Perry, James L\ Boyce. 

From Horry — Mr. Joel B. Skipper. 

From Kershaw — Messrs. A. D. Goodwyn, L. W. R. Blair. 

From Lancaster — Messrs. R. M. Sims, J. L. Reed. 

From Laurens — Messrs. C. P. Sullivan, Wm. Mills, jr., A. W. Moore, B. 
W. Ball. 

From Lexington — Messrs. L. Boozer, John Fox. 

From Marion — Messrs. A. Q. McDuffie, Wm. T. Wilson, R. H. Reeves. 

From Marlboro— Messrs. T. C. Weatherly, C. W. Dudley. 

From Newberry— Messrs. E. P. Lake, Henry Summer, R. Stewart. 

From Oraage — Messrs. J. H. Morgan, C. M. McMichael. 

From Pickens — Messrs. Edward Herndon. L. B. Johnson, Alexander 
Bryce, sr. , James LaFayette Boyd. 

From Richland— Messrs. F. W. McMaster, A. R. Taylor, Wm. Wallace. 

From St. Andrew's — Mr. Wm. Izard Bull. 

From St. Bartholomew's — Mr. A. Campbell. 

From St. James\ Goose Creek— Mr. W. M. Brailsford. 

From St. James', Santee — Mr. J. G. DuPre. 

From St. George's, Dorchester — Mr. W. A. Chisolm. 

From St. Matthew's— Mr. T. J. Goodwyn. 

From St. Peter's— R. C. Smart, 

From St. Philip's and St. Michael's — Messrs. Charles Macbeth, Alfred 
Huger, H. D. Lesesne, W. H. Gilliland, James Conner, W. M. Martin, F. 
Melchers, P. C. Gaillard, John Schnierle, Geo. W. Williams, James Rose, 
John A. Wagener, Charles H. Simonton, P. J. Coogan, A. O. Andrews, 
Edward Frost, William S. Henery. 

From St. Stephen's — Mr. W. H. Cannon. 

From St. Thomas' and St. Dennis' — Mr. C. M. Furman. 

From Spartanburg — Messrs. J. Winsmith, John W. Carlisle, M. C. Bar- 
net, James Farrow. 

From Sumter — Messrs. F. J. Moses, John N. Frierson, Thomas M. Mul- 
drow. 

From Union — Messrs. W. H. Wallace, T. N. Dawkins, Wm. J. Keenan. 

From Williamsburg — Mr. J. A. James. 

From Winyah — Mr. R. Dozier. 

From York— Messrs. R. A. Ross, W. C. Beatty, W. C. Black, Cadwalla- 
rler Jones, 



JOUBNAL OF THE CONVENTION, 5 

The Convention then proceeded to ballot for permanent President, with 
the following result : 

First Ballot. 

Whole number of votes cast 100 

Necessary to a choice 51 

Mr. D. L. Wardlaw received 42 votes. 

Mr. C. W. Dudley received 36 votes. 

Scattering 22 

Second Ballot. 

Whole number of votes cast 101 

Necessary to a choice 51 

Mr. D. L. Wardlaw received 55 votes. 

Mr. C. W. Dudley received 35 votes. 

Scattering 10 

The CHAIE announced that Mr. D. L. Wardlaw, having received a ma- 
jority of the votes cast, was duly elected permanent President of the Con- 
vention. 

On motion of Mr. ALDEICH, 

Resolved, That a Committee of Three be appointed to conduct the Pre- 
sident elect to the Chair. 

The following gentlemen were appinted : Messrs. A. P. Aldrich, Edward 
Frost and John A. Inglis. 

The President elect then addressed the Convention. 
On motion of Mr. ORE, it was 

Resolved, That the President appoint a Clerk, Messenger and Door- 
keeper for the Convention. 

On motion of Mr. ORE, it was 

Resolved, That a Committee of Three be appointed to wait on Governor 
Perry, inform him that the Convention was organized, had elected the 
Hon. D. L. Wardlaw, President, and was ready to receive any communica- 
tion he may be pleased to make, 



6 WEDNESDAY, SEPTEMBEK 13. 

Mr. ALDBICH introduced the following resolutions, and moved that 
they be printed and made the Special Order of the Day for to-morrow, at 
1 o'clock P. M. 

Mr. DUDLEY moved to lay the resolutions on the table ; which was 
agreed to. 

Resolved, That, under the present extraordinary circumstances, it is both 
wise and politic to accept the condition in which we are placed ; to endure 
patiently the evils which we cannot avert or correct, and to await calmly 
the time and opportunity to effect our deliverance from unconstitutional 
rule. 

Resolved, That a Committee, to consist of one member from each Judicial 
District, be raised, to prepare business for the Convention, and to which 
shall be referred all matters relating to the public welfare of the State. 

Mr. OKB, from the Committee appointed to wait upon his Excellency 
the Governor, reported that his Excellency will communicate with the 
Convention to-morrow, at 12 o'clock M. 

On motion of Mr. EBOST, it was 

Resolved, That a Committee of Three be appointed to prepare and report 
rules for the government of the Convention. 

Messrs. Frost, Moses and Inglis were appointed the Committee. 

On motion of Mr. MELTON, it was ordered that the returns of the 
Managers of Elections for St. Luke's be referred to a Committee of Three, 
to investigate and report thereon. 

Whereupon, the PBESIDENT appointed Messrs. Melton, Aldrich and 
Orr of the Committee. 

Mr. INGLIS offered the following resolutions, which, on motion of Mr. 
OBB, were postponed for further consideration until to-morrow, at 2 
o'clock P. M. : 

Resolved, That the following Committees be appointed, and a Chairman 
of each be designated by the President of the Convention : 

1. A Committee consisting of One Member from each Judicial District 
in the State represented in this Convention, to be styled "The Committee 
on the Constitution of the State," to which shall be referred all propositions 
touching the Constitution, or the remodelling, altering or amending of the 
same, 



JOUKNAL OF THE CONVENTION, 7 

2. A Committee of Thirteen Members, to be styled ' ' The Committee on 
Federal Relations" to which shall be referred all propositions touching the 
relations of this State to the Government of the United States. 

3. A Committee of Thirteen Members, to be styled " The Committee on 
Colored Population" to which shall be referred all propositions touching 
the subject of slavery, and the condition of the colored people of the State 

4. A Committee of Thirteen Members, to be styled "The Committee of 
Ways and Means" to which shall be referred all propositions touching the 
raising and disbursing of money by this Convention or the State, and also 
all pecuniary claims against the Convention. 

5. A Committee of Thirteen Members, to pe styled "The Committee on 
Ordinances and Resolutions ," to which shall be referred all propositions cf 
matters to be ordained or resolved by this Convention not properly or ex- 
clusively referrable to any one of the other Committees herein provided 
for. 

6. A Committee of Seven Members, to be styled "The Committee on 
Printing, " which shall be charged with procuring such printing to be done 
as shall be required by the Convention, and superintending the proper 
execution of the same. 

Mr. F. W. PICKENS submitted the following Ordinance : 

We, the Delegates of the People of the State of South Carolina, in General 
Convention met, do Ordain, That the Ordinance passed in Convention, 20th 
of December, 1860, withdrawing this State from the Federal Union, be, 
and the same is hereby, repealed. 

The fortunes of war, together with the proclamation of the President of 
the United States, and the generals in the field commanding, having decided 
that domestic slavery is abolished ; therefore, under the circumstances, we 
acquiesce in said proclamation, and do hereby ordain implicit obedience 
to the Constitution of the United States, and all laws made in pursuance 
thereof. 

On motion of Mr. SIMONTON, 

Ordered, That when the Convention adjourns, it be adjourned to meet 
to-morrow, at 11 o'clock A. M. 

Mr. EION gave notice that to-morrow he would offer an amendment to 
the resolution offered by Mr. Inglis. 



8 WEDNESDAY, SEPTEMBER 13. 

On motion of Mr. SIMONTON, the Convention was adjourned at 5 

o'clock P. M. 

J. H. NORWOOD, 
F. W. McMASTER, 

Secretaries of the Convention. 



THURSDAY, SEPTEMBER 14, 1865. 

At the hour to which the Convention was adjourned, the PRESIDENT 
took the Chair. 

Hr. WINSMITH introduced the following resolution, which was agreed 
to: 

Resolved, That each day's proceedings of this Convention be opened with 
prayer ; that the Rev. Mr. Boyce be requested to officiate this morning, 
and that the President of the Convention be requested to invite some 
clergyman to 'perform that duty for each successive day. 

The proceedings were accordingly opened with prayer by Rev. James P. 
Boyce. 

The Secretary called the roll, and the following Delegates answered to 
their names : 

Messrs. Aldrich, Messrs. Bull, 

Andrews, Byrd, 

Blair, Barnett, 

Bratton, Carlisle, 

Slack, Campbell, * 

boozer, Cannon, 

Boyce, Chisolm, 

Brailsford, Conner, 

Bryce, Coogan, 
Brabham, 



JOURNAL OF THE CONVENTION, 



Messrs. DeLettre, 
Dunovant, 
DuPre, 
Dozier, 
Evins, 
Farrow, 
Fox, 

FriersoD, 
Frost, 
Furman, 
Goodwyn, A. D. 
Goodwyn, T. J. 
GiUiland, 
Gailliard, 
Hearst, 
Hammond, 
Herndon, 
Henery, 
Inglis, 
James, 
Johnson, 
Keenan, 
Lee, 
Lake, 
McDuffie, 
McGowan, 
Mclver, 
Martin, 
Miller, 
Milling, 
Mobley, 
McMaster, 
MeMichael, 



Messrs. Moore, 
Morgan, 
Moses, 
Melcher*, 
Muldrow, 
Norwood, 
Orr, 
Perry, 

Pickens, "W. S 
Rion, 

Robertson, 
Reed, 
Reaves, 
Rose, 
Ross, 
Skipper, 
Sims, 
Summer, 
Stewart, 
Smart, 
Simonton, 
Schnierle, 
Thomson, Thoa. 
Tillman, 
Taylor, 
Wilson, John 
Wilson, W. T. 
Wylie, 

Wallace, W. H. 
Wagener, 
Williams, 
Winsmith, 
Whetstone. 



The Journal of yesterday's proceedings was read and corrected. 
Mr. ANDREWS introduced the following resolution, which wag agreed 
to: 



Resolved, That the representatives of the press be permitted seats upon 
the floor of the Convention, subject to the direction of the Chair, 
2 



10 THURSDAY, SEPTEMBER 14. 

The PRESIDENT announced the following gentlemen as officers of the 
Convention, viz : John T. Sloan, Clerk ; Wm. C. McGregor, Messenger ; 
and James Windsor, Door-keeper. 

Mr. FROST, from the Committee on Rules for the Government of the 
Convention, made the following report, which was agreed to : 

The Committee appointed to prepare Rules for the regulation of the 
proceedings of this Convention, respectfully report : 

That they recommend the adoption of the Rules of the Senate of this 
State, as adopted November, 1848, and amended December, 1856, and 
printed in 1857, by order of the House of Representatives, except Rules 
14, 15, 18, 26, 27, 28, 33 and 34, with the addition of the following, to be 
the first in order : 

' ' The President and sixty-two members shall be a quorum to transact 
business.' ' 

^ And the Committee further recommend that tw© hundred copies of these 
Rules be printed for the use of the Members. 

EDWARD FROST. 

The following additional Delegates appeared, exhibited their credentials, 
and enrolled their names as members of the Convention : 

From Greenville — Mr. T. G, Boiling. 
From Williamsburg — Mr. Edward Porter. 
From Winyah — Mr. B. C. Fishburne. 

Mr. MELTON, from the Committee to whom was referred the return of 
the Managers of Election for St. Luke's Parish, submitted a report, which 
was agreed to. Whereupon Mr. Leroy F. Youmans enrolled his name as a 
member of the Convention. 

Mr. INGLIS introduced 

An Ordinance to declare in present force the Constitution and laws here- 
tofore in force in this State, andihe acts official, public and private, done, 
and the appointments and elections made under authority of the same ; 
which, on motion of Mr. INGLIS, was ordered to lie on the table, and to 
be printed. 

Message No. 1 was then received from his Excellency the Governor, and 
was read by his Private Secretary, William H. Perry, Esq. : 



JOUBNAL OF THE CONVENTION, 11 

MESSAGE NO. 1. 

Executive Dbpartmbnt South CaroiiIjta. 

To the Members of the State Cgnvetiiion, 

Gjlntlhmen : You have been convened in obedience to the proclamation 
of his Excellency Andrew Johnson, President of the United States, for the 
purpose of organizing a State Government, ' 'whereby justice may be estab- 
lished, domestic tranquility insured, and loyal citizens protected in all their 
rights of life, liberty and property." As Provisional Governor of tho 
State of South Carolina, under whose orders you were elected and have 
assembled, it is proper that I should address you on the present occasion, 
and assist you, if lean, in restoring our beloved State "to her constitu- 
tional relations to the Federal Government," and aid you by my suggestions 
in presenting "such a republican form of State Government as will entitle 
South Carolina to the guarantee of the United States therefor, and her 
people to protection, by the United States, against invasion, insurrection 
and domestic violence." 

Tho great political convulsions which have recently taken place in the 
Southern States, and the terrific war which has swept over South Carolina, 
devastating her territory and depriving her citizens of all civil government, 
are too well known to you, and too painful in their detail, for me to bring 
them unnecessarily in review before you. Instead of dwelling on the past, 
and grieving over its errors and misfortunes, let us, with manly 'fortitude, 
look to the future, and accommodate ourselves to the circumstances which 
surround us, and which cannot be changed or avoided. 

The President of the United States has manifested a generous and patri- 
otic solicitude for the restoration of the Southern States to all their civil 
and political rights, under the Constitution and laws of the United States. 
He desires to see the Federal Union reconstructed as it was before the 
secession of those States; and he will oppose the centralization of power in 
Congress, and the infringement of the constitutional rights of the States, 
with the same zeal, energy and power with which he resisted the assumed 
right of secession on the part of the States. In order to accomplish this 
re-union of the States, the President desires that South Carolina, a* well as 
all the other States in rebellion, should accept as inevitable and unavoidable 
the great final results of the war. 

African slavery, which was a cherished institution of South Carolina from 
her earliest colonial history, patriarchal in its character, under which the 
negro has multiplied and increased with a rapidity proving that he has been 
kindly cared for and protected, is gone, dead forever, never to be revived 



12 THURSDAY, SEPTEMBER 14. 

or hoped for in the future of this State. Under the war-making power, 
the military authorities of the United States have abolished slavery in all 
of the seceding States. The oath you have solemnly taken to "abide tflr 
and faithfully support all laws and proclamations which have been made 
during the existing rebellion, with reference to the emancipation of slaves," 
requires you, in good faith, to abolish slavery in your new or amended Con- 
stitution. The express terms on which your pardons have issued, stipulate 
that yon shall never again own or employ slave labor. It is likewise alto- 
gether probable that the proposed amendment to the Federal Constitution, 
abolishing slavery, will be adopted by three-fourths of the States and be- 
come a part of the Constitution. Moreover, it is impossible for South 
Carolina ever to regain her civil rights and be restored to the Union till she 
voluntarily abolishes slavery, and declares, by an organic law, that neither 
"slavery nor involuntary servitude, except as a punishment for crime, 
whereof the party shall have been duly convicted/ ' shall ever again exist 
within the limits of the State., Until this is done, we shall be kept under 
military rule, and the negroes will be protected as "freedmen" by the whole 
military force of the United States. But I know that you are all honorable 
men* aa well as patriotic men, and will do your duty faithfully to yourselves 
and your country, however painful it may be. 

In making this unavoidable change in your Constitution, abolishing 
slavery, and which will require the substitution of hired labor for that of 
slave labor, it is to be hoped that none of those evils will be experienced 
which some have anticipated. By a wise, just and humane treatment of 
your "freedmen" and women, you may attach them to you ag strongly in 
their new condition as they were whilst your slaves. They will soon learn 
to see and feel their dependence on you, and know that their interests re- 
quire them to be true and faithful to you. It is to be expected that so 
great and sudden a change as this in the condition of the negro will pro- 
duce, ai first, confusion, idleness and dissatisfaction. This, however, will 
only be temporary. Tim© and experience must bring order and system. 
The "freedman" will soon find out that he must work or perish. Legisla- 
tion will necessarily be required to regulate the relative duties of the em- 
ployer and employee. 

It is vtry desirable that you should avail yourselves of the present oppor- 
tunity of reforming and popularizing the State Constitution in several par- 
ticulars. It is the reproach of South Carolina abroad that her Constitution 
is less popular and republican in its provisions than that of any other State 
in the Union. And it is thought by many that to this cause alone may be 
traced the origin of that discontent and dissatisfaction with the Federa 



JOURNAL OF THE CONVENTION, 13 

Government which, after being nursed for thirty-three or four years, ended 
in the secession and rebellion of thirteen or fourteen States. 

The basis of representation in the Senate of this State, as you know, is 
entirely arbitrary, and founded on no just principles of property or popu- 
lation. At the time it was adopted — more than seventy-five years ago — it 
was, no doubt, fair and equal. But, since that time, the entire relative 
condition of the Election Districts has changed. The upper country, at 
the adoption of our State Constitution, in 1790, was comparatively but 
newly settled, had a sparse population, and very little wealth. But, since 
that time, this portion of the State has increased in wealth and numbers in 
a much greater ratio than the lower country. Hence it is that the Parish 
representation in the Senate is unequal and unjust. Twenty or thirty 
voters in one of the Parishes, whose population and taxation combined 
entitle it to only one member of the House of Representatives, have the 
same representation in the Senate that three thousand voters have in Edge- 
field District, whose population and taxation entitle it to six members in 
the House. This is contrary to all republican principles of political justice 
and equality. 

In the early history of South Carolina, the representation in the Parishes 
was repeatedly changed, to equalize it amongst the respective Election Dis- 
tricts. But all such changes have been obstinately refused during the last 
seventy-five years. Now that slavery is abolished, a reformation in this 
resj)ect is imperative and must be adopted. In effecting this change, it 
would be well to adopt the basis of representation in the House of Repre- 
sentatives, which is founded on population and taxation. Each Judicial 
District in the State should, however, have one Senator, and the city of 
Charleston two, in addition to one from the District of Charleston. The 
other Senators, if the present number be retained, may be given to the 
largest Districts in population and taxation, as fractions are now represented 
in the House of Representatives. The two great elements of Representa- 
tive Governments are wealth and population, and they should be both 
equally represented, so that the one cannot legislate to the injury of the 
other. 

In considering the question of population, it is proper that the "freed- 
men," who take the places of white men in the lower country, and also in 
the upper country, in a less proportion, should, in some way and to some 
extent, be counted. This is due the lower country, where there is such a 
large preponderance of that class of persons. The Federal basis of rep- 
resentation in Congress, counting three-fifths of the negroes, would seem 



14 THURSDAY, SEPTEMBER 14. 

to be just and right. It was the compromise agreed on by the framers of 
the Federal Constitution, and no doubt founded in wisdom. 

The question of suffrage, and who shall exercise the right of voting in 
South Carolina, is one of grave importance, and must be settled by you in 
your new Constitution. In 1790, the State Constitution declared that no 
one should be allowed to vote unless he was a freeholder or tax-payer and a 
free white man of the age of twenty-one years. In 1810, the right of suf- 
frage was extended to all free white men of the age of twenty-one, who 
were residents of the State two years, and of the Election District six 
months, previous to voting. The qualification of a freehold or the pay- 
ment of a tax was no longer required. It was thought proper at that 
period that a free white man who had to serve in the militia, do patrol 
duty, work on the roads, and defend his country in time of war, should be 
allowed to vote for members of the Legislature and other officers of the 
State, without the ownership of a freehold or the payment of taxes. To 
extend this universal suffrage to the "freeclrnen" in their present ignorant 
and degraded condition, would be little less than folly and madness. It 
would be giving to the man of wealth and large landed possessions, in the 
State a most undue influence in all elections. He would be enabled to 
inarch to the polls, with his two or three hundred "freedmen" as em- 
ployees, voting as he directed, and control all elections. The poor white 
men in the Election Districts would have no influence, or their influence 
would be overpowered by one man of large landed estate. In Connecticut, 
Ohio, Indiana, Illinois, and several other non-slaveholding States, at the 
North, free negroes and colored persons are entirely excluded from voting. 
In most of the Northern States there is a property qualification required of 
all voters, which excludes them. If the New York qualification of a free- 
hold for a person of color voting were adopted in South Carolina very few 
. of the freedmen in this State would ever be able to exercise the right of 
suffrage. In North Carolina, Tennessee, and perhaps other slaveholding 
States, free negroes formerly were entitled to vote, but it is understood 
that they seldom saw proper to exercise this franchise. 

The radical Republican party North are looking with great interest to 
the action of the Southern States in reference to negro suffrage, and whilst 
they a'dmit that a man should be able to read and write and have a property 
qualification in order to vote, yet they contend that there should be no 
distinction between voters on account of color. They forget that this is a 
white man's government, and intended for white men only; and that the 
Supreme Court of the United States has decided that the negro is not an 
American citizen under the Federal Constitution. That each and every 



JOURNAL OF THti CONVENTION, 15 

State of the Union has the unquestioned right of deciding for herself who 
shall exercise the right of suffrage, is beyond all dispute. You will settle 
this grave question as the interest and honor of the State demand. 

South Carolina is the only State in the Union where the Chief Magistrate 
is not elected by the people. This should no longer be the case. It is a 
fundamental principle of the republican creed, that the people, in whom 
all sovereignty is inherent, should select their own rulers and representa- 
tives. Those powers only are delegated which cannot be properly exercised 
by the people. It is eminently wise and proper that the Governor of a 
State should derive his authority and election immediately from the sove- 
reign power of the State. The people should elect their Chief Magistrates, 
members of Congress and members of the Legislature. Having done this, 
the minor offices might be filled by appointment and the people relieved of 
the trouble, loss of time, and demoralization in making these petty elec- 
tions. When the Governor has been elected by the people, he might safely 
be entrusted with more power than he has ever exercised in South Caro- 
lina. He should be made religible, or elected for a longer term than two 
years. He should ba required to live at the seat of Government, and 
should receive a salary sufficient to defray all his necessary expenses. 

The General Assembly of South Carolina is an Electoral College for the 
State as well a3 a Legislative body. They have the election of Governor, 
Electors of President and Vice-President, Lieutenant-Governor, United 
States Senators, Judges and Chancellors, all State officers, Magistrates, 
Commissioners of Eoads and Bridges, Poor and Free Schools, Commis- 
sioners and Masters in Equity, and various other officers. This embar- 
rasses legislation, occupies a great deal of the time of members, and is pro- 
ductive of evil consequences. The most of these elections and appoint- 
ments should be taken from the Legislature. 

The election of Presidential Electors by the Legislature is clearly a usur- 
pation on the part of that body, and which no other State in the Union 
tolerates at the present time. The Federal Constitution declares that 
"each State shall apjyoint in such manner as the Legislature thereof may 
direct, Electors of President and Vice-President. The State and not the 
Legislature is to "appoint" Electors. The Legislature is to "direct" the 
"manner" of appointing only. The people are the State and should "ap- 
point." No one will contend that the Legislature, which represents the 
State, is the State itself. This gross error will no doubt be corrected by 
the first Legislature which assembles under your new Constitution, and it 
may be well for you to express a wish for its correction. 

The appointment of the State officers might be given to the Governor, 



16 THURSDAY, SEPTEMBER 14. 

with the advice and consent of the Senate. He might also with great pro- 
priety be empowered to make the appointment of many of the District 
officers, and thereby relieve the people of a fruitful source of demoraliza- 
tion in making these petty elections. The question is suggested for your 
consideration. 

In all elections made by the Legislature, the voting should be viva voce, 
so that each member's constituents might know how he voted. The ballot 
is secret, and conceals the Representative's vote from his constituency. 
The people have a right to know how their representatives voted in elec- 
tions as well as in legislation. In all elections by the people, the ballot is 
certainly the proper mode, for it enables every man to vote independently, 
according to his own convictions. No one has any right to know or ques 
tion his vote. He votes as a sovereign. But the representative votes for 
others, and they have a right to know his vote. 

It would be well to consolidate the Treasury Department. The State of 
South Carolina is neither so large nor so wealthy as to require two Trea- 
surers. The Secretary of State and the Surveyor- General should be re- 
quired to keep their offices only at the seat of government. The facilities 
of traveling between Charleston and Columbia are now such that there is 
no necessity for a division of these offices at the expense of the State. The 
Court of Appeals ought also to be required to sit altogether in Columbia, 
where one law library and one set of officers would be sufficient for the 
court. 

In order to give additional importance and consideration to the office of 
Lieutenant-Governor, he ought to be made ex-officio President of the Se- 
nate; or, which would be as well, let the President of the Senate act as 
Governor in case of a vacancy, till another election can be made by the 
people. 

You should provide for the election of members of the Legislature at an 
early day— the second Monday in October— so that the General Assembly 
may be convened in time to order the election of members of Congress and 
United States Senators, before the first Monday in December next. It is 
important that all of the Southern States should be fully represented when 
Congress assembles. 

In your new Constitution, you should provide for and declare valid all 
Legislative, Executive and Judicial acts of the State since her secession, 
on the twentieth of December, eighteen hundred and sixty, which are not 
in conflict with the Constitution of the United States. Likewise all civil 
officers elected since that period should be authorized to continue to dis- 



JOUBNAL OF THE CONVENTION, 17 

charge the duties of their respective offices until the expiration of the term 
for "which they were elected or appointed. 

In organizing a Provisional Government, I thought it wisest and best to 
re-appoint all civil officers who were in office at the suspension of civil 
government in South Carolina. I told the President that we had no parties 
or political divisions in the State. All had acquiesced in her secession from 
the Federal Union, and now all would be equally loyal in their efforts to 
restore her to that Union. I had no friends to reward, no enemies to 
punish, at the sacrifice of the interests of the State. Those who were in 
office had been elected by the people, were familiar with their duties, and 
better calculated to discharge them than new men. Moreover, the plan 
adopted put in motion at once the machinery of the State. Time was im- 
portant. The acts of the Provisional Government should likewise be sanc- 
tioned by you. 

I was authorized by the President to lay a tax, by assessment, for the 
purpose of defraying the expenses of the Convention. This I declined to 
do, in consequence of the utter destitution of the people, and you will 
have to make such arrangements for your expenses as you may think most 
advisable. 

The want of money or a circulating medium cannot continue long. The 
sale of cotton, as soon as its transportation to market is practicable, will 
supply the country with money enough for its most pressing wants. The 
farmers and planters, now that their slaves are emancipated, may very well 
dispose of a portion of their lands, to relieve their embarrassments, and 
acquire the means of enriching and improving the remainder. Northern 
capitalists and European immigrants will readily make investments in real 
estate in South Carolina. In a short time, money, which is superabundant 
in the Northern States, will naturally and necessarily flow South, seeking 
its value, as water flows seeking its level. 

After the collapse of the so-called Confederacy, the Southern States were 
left in a most anomalous condition in reference to their monetary affairs. 
The gold and silver had been exported as an article of commerce during 
the war; the State banks were all broken and their bills driven out of cir- 
culation, and the Confederate money became, of course, valueless. This 
left the South without any kind of money or a circulating medium. Eight 
millions of people, in a high state of civilization, occupying a rich and fer- 
tile country, without money or the means of exchange, except by barter! 

Gloomy as the present may seem, the future will be bright and glorious. 
Nothing is ever likely to occur again to mar the harmony of the Union. 
The great cause of dissension between the two sections has been removed. 
3 



18 THUKSDAY, SEPTEMBEE 14. 

There are no rival interests. The North and the South are mutually ne- 
cessary to each other, and all the pursuits of the one are dependent on 
those of the other. The United States, as a whole, combine all the ele- 
ments of national prosperity and greatness, in a higher degree than any 
other people on the face of the earth. No empire in the world ever united 
in so eminent a degree the three great sources of independence, power and 
wealth — agriculture, commerce and manufactures. As long as civilization 
continues, this great Eepublic will flourish and increase in numbers, wealth 
and grandeur. It can only crumble and break into fragments when igno- 
rance and darkness shall have pervaded the land. 

South Carolina, as an integral part of this great power, must partake of 
its richness and prosperity. The abolition of slavery will give new energy 
and self-reliance to her people, stimulate industry and promote economy 
in all the vocations of life. In less than ten years we shall realize in the 
loss of slavery a blessing in disguise, to ourselves and our children. 

In resuming her allegiance to the United States I know that South Caro- 
lina does so in good faith, and with perfect sincerity to her plighted honor. 
As she was the first to lead off in this great and most unfortunate secession 
movement, it now becomes her duty to set a bright example of loyalty to 
the other Southern States, in returning to the Union, and cheerfully per- 
forming all the obligations to the Federal Government. She will receive, 
in return, from that Government, a restoration of all her civil and political 
rights as a sovereign State, with a general amnesty for the past. 

You should be careful to do all that is necessary to aid the President in 
carrying out his wise and generous policy of reconstruction, and do noth- 
ing which may tend to embarrass him in that policy or impede the restora- 
tion of the State to the Federal Union. It is a remarkable fact that the 
brave men who have imperilled their lives, and made every sacrifice in war, 
for the last four years, are promptly and cheerfully acquiescing in its results, 
whilst some of those who have kept out of clanger and made less sacrifices, 
are less inclined to acquiesce in the inevitable results of that war. 

I have the gratification of informing you that the policy I have pursued 
in my administration of the Provisional Government of the State has met 
the entire approval of the President, and he has directed the military au- 
thorities not to interfere with that policy, but to aid and assist me in car- 
rying it out. I have likewise the pleasure of communicating to you that 
very recently I had an interview with Major-General Meade, commanding 
the Atlantic States, and Major-General Gillmore, commanding the Depart- 
ment of South Carolina, in reference to a seeming conflict between the civil 
and military authorities of the State; and that all difficulties were satisfac- 



JOUKNAL OF THE CONVENTION, 19 

torily arranged. The civil law, the Courts, and civil officers of the State 
are restored, and their functions will not be interfered with by the military 
authorities, except in cases where freedmen and persons of color are con- 
cerned. These cases have been assigned to the Courts of the Provost Mar- 
shals for adjudication till the completion of the President's policy of recon- 
struction. All other cases will be heard and decided by the civil and 
municipal courts, under and according to the laws of South Carolina. 

It is also a source of congratulation to know that the colored troops, 
whose atrocious conduct has disgraced the service and filled the public 
mind with the most horrible apprehensions, have been withdrawn from the 
interior of the State, and are to be placed in garrisons on the coast, where 
they can do no further mischief. In all of my personal interviews with the 
President and in all of my despatches to him, I urged this course most 
earnestly. The white troops are, I believe, doing their duty beneficially to 
the country in preserving the peace and good order of the State. It is 
thought that their presence amongst us for some time yet will be necessary 
in order to enforce the relative duties of the freedmen and their employers. 

In conclusion, gentlemen, I would invoke the Almighty to watch over all 
your deliberations, and direct your actions in every x^articular to the best 
interests, honor and glory of our beloved State. 

B. F. PERKY. 

On motion of Mr. BOYCE, one thousand copies of the Message was 
ordered to be printed ; and, 

On motion of Mr. SIMONTON, the Message was made the Special Order 
of the day for to-morrow, at 1 o'clock P. M. 

Mr. INGLIS introduced 

An Ordinance to abolish Slavery in this State ; which, on motion of Mr. 
INGLIS, was ordered to lie on the table, and to be printed. 

Mr. RION introduced a clause for the Constitution; which, on motion of 
Mr. PvION, was ordered to lie on the table, and to be printed. 

On motion of Mr. ORB, the Convention proceeded to the consideration 
of resolutions, introduced by Mr. Inglis, in relation to the appointment of 
Committees. The resolutions, by leave of the Convention, were with- 
drawn by Mr. Inglis. 

Mr. RION introduced the following resolutions : 

Resolved, That the following Standing Committees be appointed : 
A Committee of Ways and Means, to consist of seven members. 
A Committee on Printing, to consist of five members. 



20 THURSDAY, SEPTEMBER 14. 

A Conmiittee to Repeal the Ordinance of Secession, to consist of seven 
members. 

A Committee on Representation and the General Assembly, to consist of 
nine members. 

A Committee on the Elective Franchise, to consist of seven members. 

A Committee on Slavery and Emancipation and Colored Population, to 
consist of nine members. 

A Committee on the Governor, to consist of seven members. 

A Committee on the Judiciary, to consist of seven members. 

A Committee on the Election and Appointment of District and State 
Officers, other than Governor, to consist of seven members. 

A Committee on Existing Statutory and Constitutional Enactments, to 
consist of five members. 

A Committee on the Bill of Rights, to consist of fi.Ye members. 

A Committee on the Comptroller-General, Treasurers, Secretary of State, 
and Surveyor-General, to consist of five members. 

A Committee on Miscellaneous Enactments, to consist of five members. 

A Committee on the Military, to consist of five members. 

A Committee on the Compilation of the Constitution, to consist of thir- 
teen members. Also, 

A Committee to divide the State into Congressional Districts, and to 

provide for the election of Members of Congress, to consist of 

members. 

Mr. ORR offered the following resolutions : 

Resolved, That a Committee of Seven Members be appointed, who shar* 
be charged with the duty of preparing and reporting suitable amendments 
to the articles creating an Executive Department in the Constitution. 

A Committee of Seven Members for the Legislative Department. 

A Committee of Seven Members for the Judicial Department : And 

A Committee of Seven Members for such general articles in the Consti- 
tution as are not embraced in either of the Departments. 

The first two resolutions of Mr. RION were agreed to ; and 
On motion of Mr. MOSES, the others were stricken out, and those of 
Mr. Orr substituted therefor. 

Mr. SULLIVAN introduced the following resolutions.} which were 
ordered to be referred to the appropriate Standing Committee, when ap- 
pointed ; 



JOURNAL OF THE CONVENTION, 21 

1. Resolved, That the State of South Carolina will restore her political 
relations with the Government of the United States by returning to the 
Union ; and that this Convention Avill adopt .such measures as, in their 
judgment, will accomplish that object. 

2. Resolved, That the Constitution o^ this State shall be so altered and 
amended as to require the election of Governor of the State to be made 
by the people of the State entitled to exercise the right of suffrage. 

3. Resolved, That it is the opinion of this Convention, that the election 
of Electors of President and Vice-President of the United States should 
be made by the people of the State entitled to exercise the light of suf- 
frage ; and that the Provisional Governor be respectfully requested to com- 
municate this resolution to the next Legislature, with an earnest request 
that they pass the necessary enactment to carry into effect the object of 
this resolution. 

4. Resolved, That hereafter there should be but one Treasurer of the 
State, who shall hold his office at the seat of Government ; that the office 
of Comptroller-General be abolished ; and that the offices of Secretary of 
State and Surveyor-General shall also be held at the seat of Government. 

5. Resolved, That the sittings of the Courts of Appeal and for the Cor- 
rection of Errors shall be held only at the seat of Government, unless the 
Legislature should otherwise provide for their temporary sittings, in case 
of war or the prevalence of contagious disorders. 

Mr. OER introduced the following resolutions ; which were ordered to 
be referred to the appropriate Standing Committee, when appointed : 

Resolved, That the Constitution of this State shall be so amended as that 

1. The election of Governor shall be made by the people. 

2. That he shall be re-eligible. 

3. That he shall be invested with a qualified veto upon the legislation of 
the General Assembly. 

i. That the basis of representation in the House of Representatives shall 
be the white population of the State. 

5. That the number of members composing the House shall be fixed at 
one hundred. 

6. That the basis of representation in the Senate shall be based equally 
upon white population and taxation ; provided, that each Judicial IHstrict 
shall be entitled to at least one Senator. 

7. That the number of. Senators shall be fixed at forty, 



22 THURSDAY, SEPTEMBEK 14. 

8. That the Lieutenant-Governor shall be ex officio President of the 
Senate. 

9. That the Judges and Chancellors shall be appointed by the Governor, 
subject to the confirmation of the Senate. 

10. That the Secretary of State, Comptroller-General and Treasurer shall 
be elected by the people. 

11. That the District Officers, to-wit : Clerk, Sheriff, Ordinary, Commis- 
sioner in Equity and Tax Collector, shall be elected by the people in their 
respective Districts. 

12. That slavery, except as a punishment for crime, after due conviction, 
is forever prohibited in this State. 

13. That all elections by the Legislature shall be made viva voce, and the 
name of the member and of the person voted for recorded. 

On motion of Mr. PICKENS, the Convention proceeded to the consider- 
ation of the ordinance introduced by him yesterday ; which, 

On motion of Mr. PICKENS, ww referred to a Special Committee o f 
Three; whereupon, 

The PKESIDENT announced the following members of the Committee: 
Messrs. Pickens, McGowan and Lesesne. 

Mr. LESESNE introduced the following resolution ; which, 

On motion of Mr. BLACK, was ordered to lie on the table : 

Resolved, That the action of this Convention should be restricted to 
those measures which are necessary for the reinstatement of the State in 
the Union and restoration to her of a civil Government. 

On motion of Mr. ORE, it was 

Ordered, That when the Convention adjourns, it be adjourned to meet 
to-morrow, at 12 o'clock M. 

Mr. INGLIS introduced the following resolution, which was agreed to : 

Resolved, That a Committee of Seven Members, to be styled ' 'The Com- 
mittee on Ordinances and Besolutions, " be appointed by the President, to 
which shall be referred all propositions of matters to be ordained or re- 
solved by this Convention, not properly or exclusively referred to any one 
of the other Committtees already provided for. 



JOURNAL OF THE CONVENTION, 23 

Mr. FARROW introduced the following resolution, which was agreed to: 

Resolved, That the Clerk be authorized to have printed for the use of the 
Convention one hundred and fifty copies of the Constitution of this State, 
adopted in 1861. 

On motion of Mr. SULLIVAN, the Convention was adjourned at ten 
minutes past 3 o'clock P. M. 

JOHN T. SLOAN, • 
Clerk of the Convention. 



FRIDAY, SEPTEMBER 15, 1865. 

At the hour to which the Convention was adjourned, the PRESIDENT 
took the Chair, and the proceedings were opened with prayer by Rev. M. 
C. Barnett. 

The Clerk called the roll, and the following Delegates answered to their 
names : 



Messrs. Andrews. 
Ball, 
Blair, 
Boiling, 
Boozer, 
Br at ton, 
Boyce, 
Beatty, 
Boyd, 
Bryce, 
Brabham, 
Byrd, 
Barnett, 
Carlisle, 
Campbell, 
Cannon, 



Messrs. Conner, 
Coogan, 
Dawkins, 
DeLettre, 
Dunovant, 
Dudley, 
DuPre, 
Dozier, 
Evins, 
Farrow, 
Fox, 

Frierson, 
Furman, 
Fishburne, 
Goodwyn, A. D. 
Goodwyn, T. J. 



24 



FRIDAY, SEPTEMBER 15. 



Messrs. Gilliland, 

GaiUard, J. G. 
Gourdiii, 
Hearst, 
Hemphill, 
Hammond, 
p Herndon, 
Henery, 
Huger, 
Inglis, 
James, 
Jones, 
Johnson, 
Keenan, 
Lee, 
Lake, 
Lesesne, 
McCauley, 
McDnffie, 
McGowan, 
Mclver, 
Martin, 
Melton, 
MiUs, Jr., 
Milling, 
Mobley, 
McMaster, 
McMichael, 
Moore, 
Morgan, 
Morrison, 
Moses, 
Macbeth, 
Melchers, 
Muldrow. 



Messrs. Norwood, 
Orr, 
Perrj, 

Pickens, F. W. 
Pickens, W. S. 
Porter, 
Richardson, 
Rion, 

Robertson, 
Reed, 
Reaves, 
Rose, 
Ross, 
Skipper, 
Sims, 
Snllivan, 
Summer, 
Stewart, 
Sheridan, 
Smart, 
Simonton, 
Schnierle, * 
Thomson, Thos. 
Taylor, 
Wilson, John 
Wilson, W. T. 
Wylie, 
Weatherly, 
Wallace, Wm. 
Wallace, W. H. 
Wagener, 
Williams, 
Winsmith, 
Whetstone, 
Youmans. 



The Journal of yesterday's proceedings was read. 



JOURNAL OF THE CONVENTION, 25 

The following additional Delegates appeared, exhibited their credentials 
and enrolled their names as members of the Convention : 

From St. Philip and St. Michael — Mr. Henry Gourdin. 
From St. Bartholomew's — Mr. H. G. Sheridan. 

The PRESIDENT announced the following Standing Committees : 

STANDING COMMITTEES. 

Ways and Means — Messrs. Fur-man, Keenan, McDume, Dunovant, W. 
M. Martin, Johnson, Williams. 

Printing — Messrs. Lee, Carlisle, T. J. Goodwyn, Mobley, Stewart. 

Executive Department — Messrs. Orr, Conner, Aldrich, F. W. Pickens, 
McMaster, Beattie, Simonton. 

Legislative Department — Messrs. Inglis, Rion, McGowan, Boyce, Mdver, 
Andrews, W. H. Wallace. 

Judicial Department — Messrs. Lesesne, Frost, Moses, Thomson, Dozier, 
Campbell, Tillman. 

Amendments to Constitution not included in Above — Messrs. Dudley, Far- 
row, Hemphill, Frierson, Macbeth, Robertson, Hearst. 

Ordinances and Resolutions — Messrs. Dawkins, Sullivan, Hammond, 
Porter, Black, Winsmith, Summer. 

A communication was received from Mr. D. McGregor, and was read by 
the President. 

On motion of Mr. ANDREWS, the privileges of the floor of the House 
was extended to Mr. D. McGregor. 

Mr. BEATTY introduced the following resolution ; which was referred 
to the Committee on the Executive Department : 

Resolved, That the Committee on the Executive Department be instructed 
to inquire and report on the propriety of making the Governor to be 
elected for the term of four years ; on the propriety of dispensing with the 
office of Lieutenant-Governor ; also, in case of the death, &c. , of the Go- 
vernor, of making the President of the Senate Governor ; and also, in case 
of the death, &c, of the President of the Senate whilst acting as Governor, 
of requiring the Speaker of the House of Representatives to serve as Go- 
vernor for the remainder of the term. 
4 



26 FRIDAY, SEPTEMBER 15. 

Also, introduced the following resolution ; which was referred to the 
Committee on the Legislative Department : 

Resolved, That the Committee on the Legislative Department be 
instructed to inquire and report on the propriety of requiring only biennial 
meetings of the State Legislature, unless for cause specially prescribed. 

Also, introduced the following resolution ; which was referred to the 
Committee on the Judiciary Department : 

Resolved, That the Committee on the Judiciary Department be instructed 
to inquire and report, on the propriety of establishing in the Constitution 
the following provisions : 

1st. One Supreme Court, with appellate jurisdiction throughout the 
State ; the Judges thereof to be selected by the Governor, subject to the 
aproval of a majority of the Senate. 

2d. A Superior Court, the Judges thereof to be selected and approved in 
like manner as the Judges of the Supreme Court ; the duties of said Judges, 
among others, to consist in administering the usual duties in each Judicial 
District twice in every year. 

3d. A District or Judicial Court, to consist of one Judge, a resident of 
the Judicial District, to be elected for the term of four years, by the voters 
of the District ; the duties of said Court extending to the hearing and 
determining all small and mean causes, and also all causes lately within the 
jurisdiction of the Court of Magistrates and Freeholders, not, however, 
precluding the office of Magistrate. Said Committee will also inquire and 
report on the propriety of giving said Court all jurisdiction now exercised 
by the Ordinary of the District. 

Mr. BOLLING introduced the following resolution ; which was referred 
to the Committee on the Judiciary Department : 

Resolved, That it is the duty of all good governments to make the acqui- 
sition of justice as cheap and convenient to the masses of the people as 
possible, and, therefore, that it be referred to the Committee on the Judicial 
Department to inquire into and report a scheme for organizing a Court of 
Inferior Jurisdiction, for the trial of all petty misdemeanors, of all civil 
causes where the amount involved does not exceed one hundred dollars in 
value, and of all cases, whether civil or criminal, in which the parties liti- 
gant aro persons of color. 



JOUBNAX. OF THE CONVENTION, 27 

Also, introduced the following resolution ; which was referred to the 
Committee on the Legislative Department : 

Resolved, That the Legislature should be prohibited, by a suitable pro- 
vision in the Constitution, from appropriating money to works of internal 
improvements, and also from lending the faith and credit of the State to 
individuals, corporations or companies, for that or any other purpose. 

Mr. LESESNE introduced the following resolution ; which was adopted : 

Resolved, That Ordinances adopted by this Convention shall be engrossed 
and then ratified, by being signed by the President and Clerk. 

Also, introduced the following resolution ; which was referred to the 
Committee on Amendments to the Constitution : 

Resolved, That to prevent or lessen the evils attendant on frequent elec- 
tions, and to guard against the profanation of the Sabbath, it is expedient 
to provide by the Constitution that all popular elections for Federal, State, 
or municipal officers, shall be held on one and the same day, and by the 
same managers, and that in the middle of the week — say the second 
Wednesday in October. 

Also, introduced an Ordinance to declare slavery abolished in South 
Carolina, and prohibit its re-establishment ; which w T as referred to the 
Committee on Ordinances and Kesolutions. 

Also, introduced the following resolution ; which was agreed to : 

Resolved, That there be added to the Standing Committees of the Con- 
vention an Engrossing Committee, consisting of three members, to be ap- 
pointed by the President. 

Whereupon the PBESIDENT announced the following members of the 
Committee : Messrs. Melton, Wagener, Norwood. 

Mr. F. W. PICKENS, from the Special Committee, made a report, and 
reported an Ordinance to repeal the Ordinance of Secession, and the 
question being put, shall the Ordinance pass ? it passed in the affirmative. 
Yeas, 105 ; nays, 3. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



28 



FRIDAY, SEPTEMBER 15. 



Hon. D 
Messrs. Andrews, 
Ball, 

Blair, 

Boiling, 

Boozer, 

Brat ton, 

Boyce, 

Beatty, 

Boyd, 

Brail sford, 

Bryce, 

Bull, 

Barnett, 

Carlisle, 

Campbell, 

Cannon, 

Chisolm, 

Conner, 

Coogan, 

Dawkins, 

DeLettre, 

Dunovant, 

Dudley, 

DuPre, 

Dozier, 

Evins, 

Farrow, 

Fox, 

Frierson, 

Frost, 

Furman, 

Fishburne, 

Goodwyn, A. D. 

Goodwyn, T. J 

Gilliland, 

Gaillard, 

Gourdin, 

Hearst, 

Hemphill, 



L. Wakdlaw, President, and 
Messrs. Hammond, 
Herndon, 
Henery, 
Hnger, 
Inglis, 
James, 
Jones, 
Johnson, 
Keenan, 
Lee, 
Lake, 
Lesesne, 
McDuffie, 
McCauley, 
McGowan, 
Mclver, 
Martin, 
Melton, 
Mills, Jr. 
Milling, 
Mobley, 
Morrison, 
McMaster, 
McMichael, 
Moore, 
Morgan, 
Moses, 
Macbeth, 
Melchers, 
Muldrow, 
Norwood, 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S, 
Porter, 
Rion, 

Richardson, 
Robertson, 



JOURNAL OF THE CONTENTION, 



29 



Messrs. 



Reed, 
Reaves, 

Rose, 
Ross, 

Skipper, 

Sims, 

Sullivan, 

Summer, 

Stewart, 

Sheridan, 

Smart, 

Simonton, 

Schnierle, 



Messrs. Thomson, 
Tillman, 
Taylor, 
Wilson, John 
Wilson, W. T. 
WyHe, 
Weatherley, 
Wallace, W. II. 
Wallace, Wm. 
Wagener, 
Williams, 
Winsmith, 
Youmans. 



Those who voted in the negative are 

Messrs. Aldrich, Messrs. Whetstone. 

Brabham, 

So the Ordinance was passed, and referred to the Engrossing Committee. 
Mr. WILLIAM WALLACE introduced the following resolution : 

Whereas, by the fortunes of war, our former noble and beloved Chief 
Magistrate, Jefferson Davis, is now languishing in prison, awaiting his 
trial for treason ; and whereas, the fanatics of the North, not satisfied with 
the wide-spread ruin and desolation which they have caused, are shrieking 
for his blood : 

Resolved, That it is the paramount duty of South Carolina, who led the 
way in our late struggle for independence, and for which struggle he is now 
suffering, to use every lawful means in her power to avert the doom 
threatens him. 

Resolved, That to this end, a deputation of members of this body be 
sent to the city of Washington, in behalf of the people of South Carolina, 
to ask of his Excellency the President of the United States, to ext 
the Hon. Jefferson Davis that clemency which he has shown to us, who are 
equally the sharers of his guilt, if guilt there be, and which is accomplish- 
ing so much towards restoring the peace and harmony of the Union , 



30 FRIDAY, SEPTEMBER 15. 

Mr. CONNOR offered the following as an amendment ; which was ac- 
cepted by Mr. William Wallace : 

Resolved, That it be referred to a Committee of Three, to draft memori- 
als to be addressed, by this Convention, to His Excellency the President 
of the United States, requesting Executive clemency for Jefferson Davis, 
the late President, and A. H. Stephens, the late Vice-President of the 
Confederate States ; for A. G. Magrath and Geo. A. Trenholm, citizens of 
this State, now prisoners of State. 

Whereupon, the PRESIDENT appointed the following Members of the 
Committee : Messrs. Connor, William Wallace and Rose. 

Mr. F. W. PICKENS introduced the following resolution ; which was 
referred to the Committee on Ordinances and Resolutions : 

Resolved, That it be referred to the Committee on Ordinances and Reso- 
lutions, to inquire and raport on the propriety of sending a competent 
agent to Washington, to ascertain from the President what is the condition 
of the lands called ' 'Abandoned Lands" in this State, and how long it will 
be before the owners of such lands will be restored to the possession of 
their property. 

Mr. WINSMITH introduced the following resolution ; which was ref erred 
to the Committee on the Amendments to the Constitution : 

Whereas, Negro slavery has been abolished by the proclamations of the 
President of the United States and the military authorities of the same : 
Be it, therefore, 

Resolved, That neither negro slavery nor involuntary servitude shall 
hereafter exist in this State, except as a punishment for crime, of which 
the party shall have been duly convicted by law. And it shall be the duty 
of the Legislature to pass such laws as will finally carry into effect the fore- 
going Ordinance. 

Mr. McGOWAN introduced the following resolution ; which was referred 
to the Committee on the Legislative Department : 

QUALIFICATIONS OF VOTERS. 

In an election to be made by the people of the State, or of a District 
thereof, every voter shall have the following qualifications, viz : 



JOURNAL OF THE CONVENTION, 31 

He shall be a free white man, who has attained to the age of twenty-one 
years, and is not a pauper, a non-commissioned officer or private soldier of 
the Army of the United States. He shall have been a citizen of the United 
States and of this State for at least two years next preceding the day of 
election, and shall have resided during that time in this State, and during 
the last six months thereof in the District in which he offers to vote ; or in 
lieu of the said six months' residence, shall have been legally seized and 
possessed for at least six months next preceding the day of election, of a 
freehold in lands worth at least five hundred dollars. 

Every person shall be considered a white person who has' of Caucasian 
blood seven-eights or more. 

The Legislature shall provide for the decision of questions of caste, and 
of all questions concerning the right of suffrage ; and may guard against 
frauds and usurpations of the right of suffrage, by requiring a registry of 
voters and by other suitable means ; and may impose disqualification to 
vote in punishment for crime or for blameable illiteracy. 

Also, introduced the following resolution ; which was referred to the 
Committee on the Amendments to the Constitution : 

The emancipation of slaves having actually taken place, slavery shall not 
hereafter be re-established in this State. 

Also, introduced the following resolution ; which was referred to the 
Committee on the Legislative Department : 

No person shall be subject, for the same offence, to be twice put in 
jeopardy of life or limb ; nor be compelled, in any criminal case, to be a 
witness against himself ; nor be deprived of life, liberty or property with- 
out due process of lav/. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

Every law or resolution having the force of law, shall relate to but one 
subject, and that shall be expressed in the title. 

Also, introduced the following resolution ; which was referred to the 
Committee on the Judiciary Department : 

All laws now of force in this State, not repugnant to this Constitution, 



32 FRIDAY, SEPTEMBER 15. 

shall continue of force until they may be altered or repealed by the Legis- 
lature, or shall respectively expire by their own limitation. The term latvs 
here used, shall embrace all Acts of the Legislature, whether passed before 
or since the twentieth day of December, A. D. 1860. ; - All Acts, Ordinances, 
and parts of Acts or Ordinances, whose duration w T as limited to the " con- 
tinuance of the war between the United States and the Confederate States," 
by that or any equivalent form of expression, and all regulations which 
contemplated the existence of such a war, shall be considered to have 
expired on the tenth day of May, A. D. 1865. 

All proceedings, legislative, executive, judicial, ministerial or official, all 
acts of officers or agents, all contracts entered into, instruments of writing- 
executed and matters transacted, before or since the twentieth day of 
December, A. D. 1860, which were legal and valid under the de facto Gov- 
ernment, whether State, Confederate or Federal, which subsisted in this 
State at the times when they respectively were had, done, entered into, 
executed or transacted, shall in all cases and questions that may be here- 
after presented for adjudication, be held to have been legal and valid. 

All officers and appointees, in this State, now in office, shall continue in 
office until their terms of office respectively expire, or they be superseded 
according to the provisions of this Constitution. 

Mr. "INGLIS introduced resolutions as to the amendment to the Consti- 
tution of the United States ; which were referred to the Committee on 
Ordinances and Resolutions. 

The Ordinance introduced yesterday, by Mr. Inglis, to declare in present 
force the Constitution and Laws heretofore in force in this State, and the 
Acts, official, public and private done, and the appointments and elections 
made under authority of the same, was referred to the Committee on the 
Judiciary Department. 

The resolution introduced yesterday by Mr. Eion, proposing a section 
for the Constitution, was referred to the Committee on Ordinances and 
Resolutions. 

The first and third of the series of resolutions introduced by Mr. Sulli- 
van, yesterday, were referred to the Committee on Ordinances and Resolu. 
tions. 

The second to the Committee on the Executive Department. 

The fourth to the Committee on Amendments to the Constitution. 

The fifth to the Committee on the Judiciary Department. 



JOURNAL OF THE CONVENTION, 33 

Tlh' ad, third and eighth resolutions of the series of resolutions 

introduced by Mr. Orr, yesterday, were referred to the Committee on the 
alive Department. 

The fourth, fifth, sixth and seventh, were referred to the Committee on 
the Legislative Department. 

ninth to the Committee on the Judiciary department. 

The tenth, eleventh, twelfth and thirteenth to the Committee on Amend- 
ments to the Constitution. 

The "Ordinance to Abolish Slavery in this State," introduced yesterday 
by Mr. Inglis, was referred to the Committee on Ordinances and Resolu- 
tions. 

Mr. BYRD asked and obtained leave to record the vote he would have 
given, if present, on passing the "Ordinance to Repeal the Ordinance of 
Secession.'* 

And Mr. Byrd, being called, answered "Aye." 

Mr. CONNER introduced the following resolution : 

Resolved, That this Convention will restrict itself to such action as is 
essential to restore the State to her former position in the Federal Union ; 
to such remodelling of the State Constitution as is necessary to adapt it to 
the changes growing out of the Emancipation Proclamation, and to restore 
it with those modifications to its condition prior to the Act of Secession ; 
and to such proceedings as are necessary to call into existence the State 
Government, with the powers exercised by it prior to the Ordinance of 
Secession. 

Mr. TILLMAN moved to lay the resolution on the table. And the ques- 
tion being put, will the Convention agree thereto ? it passed in the affirma- 
tive. 

Yeas, 53 ; nays, 52. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 

Hon. D. L. Waedlaw, President, and 
Messrs. Ball, Messrs. Beatty, 

Boiling, Boyd, 

Boozer, Bryce, 

Boyce, Bull, 

5 



34= 



EBIDAY, SEPTEMBEE 15. 



Messrs. Byrd, 


Messrs. Moses, 


Barnett, 


Muldrow, 


Dudley, 


Norwood, 


Evins, 


Orr, 


Farrow, * 


Perry, 


Fox, 


Pickens, F. W. 


Frierson, 


Pickens, W. S. 


Goodwyn, A. D. 


Kobertson, 


Hemphill, 


Beed, 


Hammond, 


Beaves, 


Herndon, 


Boss, 


Inglis, 


Skipper, 


Jones, 


Sims, 


Johnson, 


Sullivan, 


Lee, 


Summer, 


Lake, 


Stewart, 


Melton, 


Thomson, Thos. 


Milling, 


Tillman, 


Mobley, 


Wilson, John 


McMaster, 


"Wylie. 


McMichael, 


Weatherley, 


Moore, 


Win smith, 


Those who voted in the negative 


are 


Messrs. Aldrich, 


Messrs. Dozier, 


Andrews, 


Frost, 


Blair, 


Furnian, 


Bratbon, 


Fishburne, 


Brabham, 


Goodwyn, T. J. 


Carlisle, 


Gilliland, 


Campbell, 


Gaillard, 


Cannon, 


G our din, 


Chiso.m, 


Hearst, 


Conner, 


Henery, 


Coogari, 


Huger, 


Dawkins, 


James, 


DeLettre, 


Keenan, 


Dunoyant, 


Lesesne, 


DuPre, 


McCauley, 



JOURNAL OF THE CONVENTION, 35 

Messrs. MeDufne, Messrs. Sheridan, 

Mclver, Smart, 

Martin, Simontou, 

Morrison, Schnierle, 

Morgan, Wilson, W. T. 

Macbeth, Wallace, Wm. 

Melchers, Wallace, W. H 

Porter, Wagener, 

Richardson, Williams, 

Rion, Whetstone, 

Rose, Yonmans. 

So the resolution was ordered to lie on the table. 

Mr. TILLMAN introduced the following resolutions ; which were referred 
to the Committee on Amendments to the Constitution : 

Resolved, That the following clause shall be incorporated in the Consti- 
tution of this State : 

That every Charter or Act of Incorporation which may be hereafter 
granted or renewed, and every amendment of existing Charters or Acts of 
Incorporation which may be hereafter granted by the General Assembly of 
this State, shall, at all times, be subject to repeal, alteration or amendment 
by the General Assembly. 

Resolved, That the Constitution of the State should be altered and 
amended, so that : 

1st. There shall be thirty-one Election Districts, formed by constituting 
each Judicial District an Election District, with the same boundaries and 
the same names, except the Judicial District of Charleston, which shall be 
divided into two Election Districts by consolidating the Parishes of St. 
Philip and St. Michael into one Election District, to be called ' ' the City of 
Charleston," and by consolidating the remaining Parishes of said Judicial 
District into another Election District, to be called ;i the Election District 
of Charleston. " 

2d. The number of Senators shall be thirty-one, to wit : one Senator for 
each Election District ; and the number of Representatives shall be one 
hundred and twenty-four. The basis of representation in the House shall 
be a joint one of taxation and white population as now provided by law, 
and Representatives shall be apportioned among the several Election Dis- 
tricts, as heretofore provided, that each Election District shall always have 
fit loast ono TJgi :. .Hon District 



36 FRIDAY, SEPTEMBEE 15. 

t 
shall ever be allowed, at any future apportionment, more than twelve Rep- 
resentatives. 

On motion of Mr. ORR, the Convention proceeded to the consideration 
of Message No. 1 of the Governor, which had been made the Special Order 
of the Day for this day, at 1 o'clock P. M. 

Mr. ORE introduced the following resolutions ; which were agreed to : 

Resolved, That so much of the Message of His Excellency Governor 
Perry, as relates to the abolition of slavery in this State, to the Treasury 
Department, and to the offices of Secretary of State and Surveyor-General, 
be referred to the "Committee on the General Articles of the Constitu- 
tion." 

Resolved, That so much as relates to the basis of representation in the 
Senate, the Parish system, the matter of suffrage, to voting viva voce in 
elections by the Legislature, and to the election of members of the Legis- 
lature at an early day, be referred to the "Committee on the Legislative 
Department of the Constitution/"' 

Resolved, That so much as relates to the election of Governor by the 
people, to the appointment of District officers by the Governor, and to the 
office of Lieutenant-Governor, be referred to the "Committee on the Ex- 
ecutive Department of the Constitution." 

Resolved, That so much as relates to the election of Presidential Electors 
by the Legislature, and to the Legislative, Executive and Judicial Acts of 
the State since its secession, be referred to the "Committee on Ordinances 
and Resolutions." 

Resolved, That so much as relates to the sitting of the Court of Appeals 
exclusively in Columbia, be referred to the "'Committee on the Judicial 
Department of the Constitution." 

Resolved, And that so much as relates to defraying the expenses of the 
Convention, be referred to the "Committee on Ways and Means." 

Mr. MELTON introduced the following resolution, the consideration of 
which was postponed until Monday next : 

Resolved, That the Constitution of South Carolina, adopted April 8, 
1861, be made the Special Order of the Day for Monday next, at 1 o'clock 
P. M., and that all proposed Ordinances or Resolutions involving altera- 
tions or amendments thereto, be printed, appending to each the name of 
the mover, 



JOURNAL OF THE CONVENTION, 37 

On motion of Mr. OER, it v 

Thai when this Convention adjourns, it bo adjourned to meet 
to-morrow, at 12 o'clock M. 

Mr. MACBETH introduced the following resolution ; which was referred 

to the Committee on Amendments to the Constitution : 

Resolved, That the Constitution of this State shall be amended, so that 
all taxes hereafter levied shall be levied on the actual value of the property. 

Mr. CONNER introduced the following resolution ; which was referred 
to the Committee on the Legislative Department : 

Every free white man, of the age of twenty-one years, (paupers, non- 
commissioned officers and privates in the Army and Navy of the United- 
States excepted,) being a citizen of the United States, or a foreigner, who 
had declared his intention of becoming a citizen of the United States 
according to law, and^having resided therein two years immediately pre- 
vious to the day of election, and six months in the Election District where 
he offers to vote and has his home and residence, shall have a right to vote 
at elections in this State. Nor shall temporary absence, being less than 
six months, with intention to return, debar or impair the right of a voter 
in this State. 

r-.IELTON introduced the folio wing resolution ; which was agreed to : 

Resolved, That the Engrossing Committee be authorized to employ one 
or more Clerks, as may be found necessary. 

EE introduced the following resolution ; which was referred 
to the Committee on Amendments to the Constitution : 

Resolved, That the State should by all means foster and promote internal 
improvements, arts and mechanical industry, and should never make laws 
to restrain her I e bodies h ling aid and encouragement to 



38 » 



SATUEDAY, SEPTEMBEE 16. 



On motion of Mr. THOMPSON, the Convention was adjourned at 
fifteen minutes past 4 o'clock P. M. 

JOHN T. SLOAN, 

Clerk of the Convention. 



SATUEDAY, SEPTEMBEE 16, 1865. 

At the hour to which the Convention was adjourned, the PBESIDENT 
took the Chair, and the proceedings were opened with prayer by Eev. Mr. 
Eoss. 

The Clerk called the roll, and the following Delegates answered to their 
names : 



Messrs. Aldrich, 
Andrews. 
Ball, 
Blair, 
Black, 
Boiling, 
Boozer, 
Bratton, 
Boyce, 
Beatty, 
Boyd, 
Brailsford, 
Bryce, 
Brabham, 
Byrd, 
Barnett, 
Carlisle, 
Campbell, 
Cannon, 
Chisokn, 



Messrs. Dunpvant, 
DuPre, 
Dunkin, 
Dozier, 
Evins, 
Farrow, 
Fox ; 

Frierson, 
Frost, 
Furman, 
Fishburne, 
Goodwyn, A. D. 
Goodwyn, T. J. 
Gilliland, 
Gaillard, 
Hampton, 
Hearst, 
Hemphill, 
Hammond, 
Herndon, 



JOURNAL OF THE CONVENTION, 



39 



Messrs. Inglis, 
James, 



Jones, 

Johnson, 

Keenan, 

Lee, 

Latimer, 

Lynch, 

McDuffie, 

McGowan, 

Mdver, 

Martin, 

Melton, 

Mills, Jr., 

Milling, 

Mobley, 

Morrison, 

McMaster, 

McMichae], 

Morgan, 

Moses, 

Macbeth, 

Melchers, 

Muldrow, 

Norwood, 

Orr, 

Perry, 

Pickens, F. W. 

Pickens, W. S. 



Poole, 

Porter, 

Eavenel, 

Richardson, 

Rion, 

Robertson, 

Reed, 

Reaves, 

Rose, 

Ross, 

Skipper, 

Sims, 

Sullivan, 

Summer, 

Stewart, 

Sheridan, 

Smart, 

Simonton, 

Schnierle, 

Thomson, 

Tillman, 

Wilson, John 

Wilson, W. T. 

Weatherly, 

Wallace, W. F. 

Wagener, 

Williams, 

Winsmith, 

Whetstone. 



The Journal of yesterday's proceedings was read. 

The following additional Delegates appeared, exhibited their credentials, 
and enrolled their names as Members of the Convention : 

From St. Philip and St. Michael — Mr. William Ravenel. 
From Winyaw — Mr. B. F. Dunkin. 

Mr. BOYCE presented the credentials of the Delegate from the Parish 
of St. Helena, which, on motion of Mr. BOYCE, was referred to a Special 
Committee of Three. 



40 SATURDAY, SEPTEMBER 10. 

Whereupon the President announced the following members of the 
Committee : Messrs. Perry, Gourdin, Ball. 

Mr. BLACK asked and obtained leave to record the vote he would have 
given, if present, on the passage of an Ordinance to repeal the Ordinance 
of Secession ; and Mr. Black being called, answered aye. 

Mr. MOSES, from the Committee on the Judicial Department, made a 
report on so ' much of the Governor's Message as relates to the sittings of 
the Court of Appeals ; which was ordered to be laid on the table and to be 
printed. 

Mr. FROST gave notice that, on Monday next, he mil offer certain 
amendments to the 6th Rule of the Convention. 

Mr. BOLDEST G offered the following resolution ; which was ordered to 
be laid on the table : 

Resolved, That a Committee of Twelve, composed, of two from each Con' 
gressional District, be appointed by the President of this Convention, to 
inquire and report to this Convention what number of Representatives it 
will be proper, according to the present law of the United States, that this 
State shall tender to the approaching Congress of the United States. 

And that the Committee be authorized to construct the Congressional 

Mr. DAWKINS, from the Committee on Ordinances and Resolutions, 
made a report on a 'resolution to restore political relations with the State. 

On motion of Mr. DAWKINS, the Committee was discharged, and the 
same was referred to the Committee on Amendments to the Constitution. 
Also, made a report on 

An Ordinance to declare slavery abolished in this State, and on other 
papers referred on the same subject; which was ordered for consideration 
on Monday next. Also, made a report on 

A resolution in relation to Electors of President and Vice-President of 
the United States ; which was ordered for consideration on Monday next. 

Mr. EROST introduced the following resolution ; which was referred to 
the Committee on Ordinances and Resolutions : 

Resolved, That the Provisional Governor be authorized and requested to 
appoint an agent to proceed to Washington, and remain there, whose duty 
it shall be to represent, with the President and ' the departments, the inte- 
rests of the State, and give aid to the citizens of the State in advancing 



JOURNAL OF THE CONVENTION, 41 

with the proper authorities the relief that may be sought in applications 
for pardon and for the restitution of their real and personal property. 

Mr. MACBETH introduced the following resolution ; which was referred 
to the Committee on the Judiciary Department : 

Resolved, That hereafter colored persons and negroes shall be permitted 
to testify in all the Courts of this State in all cases where the rights of per* 
sons, or of property of such persons, may be concerned. 

Mr. HAMMOND introduced the following resolutions ; which were 
referred to the Committee on Ordinances and Resolutions : 

Inasmuch as a fundamental difference of opinion in reference to the char- 
acter, powers and policy of the Government of the United States and of 
the State Governments, which existed in the Convention which framed the 
Constitution, and, after more than three-quarters of a century of political 
contest, resulted in a bloody and exhausting war ; and, whereas, when a 
people draw the sword, appealing to the last and highest tribunal known 
to man, they should abide by its decisions in good faith ; and, whereas, it 
is neither wise nor politic in the people of the South to continue any longe r 
a contest in which they have been twice defeated — once by political ma- 
jorities and once by the sword ; therefore, we, the people of South Caro- 
lina, in Convention assembled, accept, as the results of the war, the prin. 
ciples embraced in the following resolutions, and will sustain them fully 
and faithfully as a national policy : 

1. Resolved, That the Union is the first and paramount consideration of 
the American people. 

2. Resolved, That sovereignty, a unit absolute and indivisible, which, in 
all nations, must exist somewhere, resides in the American people, and its 
authorized representative within the limits of the organic law— the Consti- 
tution — is the Federal Government. 

3. Resolved, That it is an incontrovertible fact that slavery has ceased to 
exist through the exercise of the military power of the Federal Govern- 
ment, and that any attempt by us to revive it would be impolitic, unwise, 
and, not only futile, but disastrous. 

4. Resolved, That it is the true policy of the American people to confine 
the General Government strictly within the limits of the Constitution, and 
to acknowledge the inalienable right of each State to regulate its own 
affairs in its own way. 

6 



42 SATURDAY, SEPTEMBEK 16. 

5. Resolved, That the late war was not one of an oppressed people against 
tyranny, but arose from an apprehension, on the part of the weaker section, 
of oppression and tyranny in the future, and was carried on under an 
honest conviction, co-existent among statesmen in every part of the coun- 
try, with the adoption of the Constitution itself, that a State had the 
reserved right to revoke the powers it had delegated to the General Govern- 
ment, whenever, in the judgment of such State, there might be danger 
that those powers would be used to its disadvantage. The war, therefore, 
not having been strictly in the nature of rebellion or insurrection, we most 
respectfully suggest to His Excellency the President, the justice and wis- 
dom of not enforcing the pains and penalties affixed to those crimes by the 
laws of the United States. 

6. Resolved, That we endorse the acts of President Johnson's adminis- 
tration, and will cordially support its wise and patriotic efforts to restore 
to the whole country the blessings of peace. 

Mr. DUDLEY, from the Committee on Amendments to the Constitution, 
made a report, 

On sundry resolutions as to the mode of election of Treasurers, Comp- 
troller-General and Secretary of State, and resolutions by Mr. Orr, indicated 
by Nos. 10, 11, 12 and 13 of series. 

So much as relates to resolutions Nos. 12 and 13 was recommitted to the 
Committee, with instructions to report articles and sections for the Consti- 
tution, in accordance with the suggestions of the report ; and the remain- 
der of the report was ordered for consideration on Monday next. 

Mr. SMART introduced the following resolutions ; which were referred 
to the Committee on Ordinances and Resolutions : 

1. Resolved, That we earnestly recommend to the citizens of this State the 
immediate formation in each District of a force of citizen inilitia, to act in 
concert with the United States troops as a general police for the District 
in which they are raised, to the end that order and civil authority may be 
restored and enforced. 

2. Resolved, That the forces thus raised shall, as soon as their organiza- 
tion is completed, report through the proper channel to the officer com- 
manding the United States troops garrisoning their District, and be subject 
to his order and direction. 

3. Resolved, That his Excellency the Governor be requested to prescribe 
such organization and adopt such measures as in his judgment shall be 
necessary to carry out the above, and to urge on the United States authori- 



JOURNAL OF THE CONVENTION, 43 

ties the acceptance of such organization in lieu of the colored garrisons 
now oil duty. 

Mr. LESESNE, from the Committee on the Judiciary Department, made 
a report on 

An Ordinance to declare in present force the Constitution and laws here- 
tofore in force in this State, and the acts, official, public and private done, 
and the appointments and elections made under authority of the same ; 
also, on sundry resolutions on the same subject ; which wa* ordered for 
consideration on Monday next. 

Mr. F. W. PICKENS introduced the following sections to the Bill of 
Rights ; which was referred to the Committee on Amendments to the Con- 
stitution : 

BILL OF RIGHTS. 

1. All 230 wer is originally vested in the people, and all free governments 
are founded on their consent and authority, and are instituted for their 
peace safety and happiness. 

2. No free citizen of this State shall be taken, or imprisoned, or disseized 
of his freehold, liberties or privileges, or outlawed, or exiled, or in any 
manner deprived of his life, liberty or property, but by the judgment of 
his peers, or by the law of the land ; nor shall any bill of attainder, ex post 

facto law, or law impairing the obligation of contracts, ever be passed by 
the Legislature of this State. 

8. The military shall be subordinate to the civil power. 

4. Excessive bail shall not be required, nor excessive prices imposed, nor 
cruel punishments inflicted. 

5. The trial by jury of free citizens, as heretofore used in this State, and 
the liberty of the press, shall be forever inviolably preserved. 

6. The free exercise and enjoyment of religious profession and worship, 
without discrimination or preference, shall forever hereafter be allowed 
within this State to all mankind : Provided, That the liberty of conscience 
thereby declared shall not be construed as to excuse acts of licentiousness 
or justify practices inconsistent with the peace and safety of the State. 

7. The rights, privileges, immunities and estates, both of civil and 
religious societies, and of corporate bodies, shall remain ;rs if the Constitu- 
tion of this State had not been altered or amended. 

Mr. PERRY introduced the following declaration of the rights to be 



U SATURDAY, SEPTEMBER 16. 

incorporated in the Constitution ; which was referred to the Committee on 
Amendments to the Constitution : 

CONSTITUTION OF SOUTH CAROLINA. 

We, the Delegates of the People of the State of South Carolina, in General 
Convention met, do ordain and establish this Constitution for its government. 

ARTICLE I. 

DECLABjLTION OF EIGHTS. 

Sec, 1. All power is inherent in the people, and all free governments are 
founded in their authority and instituted for their benefit. The people, 
therefore, have an inalienable and indefeasible right to institute govern- 
ment, and to alter, reform or totally change the same, when their safety 
and happiness require it. 

Sec. 2. All men have a natural and inalienable right to worship Almighty 
God according to the dictates of their own consciences, and no one shall 
be hurt, molested or restrained, in his person, liberty or estate, for wor- 
shiping God in the manner and season most agreeable to the dictates of his 
own conscience, nor for his religious professions or sentiments ; provided, 
he does not disturb the public peace, nor obstruct others in their religious 
worship. 

Sec. 3. No laws shall be passed respecting an establishment of religion, 
or abridging the freedom of speech, or of the press, or the right of the 
people peaceably to assemble and to petition the Legislature for a redress 
of grievances. 

Sec. L The people shall be secure in their persons, houses, papers and 
possessions, from unreasonable searches and seizures ; and no warrants 
shall issue but upon probable cause, supported by oath or affirmation, and 
particularly describing the place to be searched, and the person or things 
to be seized. 

Sec. 5. No person shall be held to answer for a "capital or otherwise 
infamous crime, unless on a presentment or indictment of a Grand Jury, 
except in cases arising in the land or naval forces, or in the militia when 
in actual service in time of war or public danger, or in cases of impeach- 
ment, or in such cases of offence as are usually cognizable by a justice of 
the peace, 



JOURNAL OF THE CONVENTION, 45 

Sec. 6. No person shall be subject for the same offence to bo twice put 
in jeopardy of life or limb ; nor shall be compelled in any criminal case to 
be a witness against himself, nor to be deprived of life, liberty or property, 
without due process of law ; nor shall private property be taken for public 
use without just compensation. 

Sec. 7. In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the District wherein the 
crime shall have been committed, and to be informed of the nature and 
cause of the accusation, and have a copy thereof ; to be confronted with 
the witnesses against him, to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of counsel for his defence. 

Sec. 8. No person shall be taken or imprisoned, or deprived of his free- 
hold, liberties or privileges, or outlawed or exiled, or in any manner 
destroyed or deprived of his life, liberty or property, but by the judgment 
of his peers, or by the laws of the land ; nor shall any bill of attainder, ex 
post f ado law, or law impairing the obligation of contracts, ever be passed 
by the Legislature of this State. 

Sec. 9. The trial by jury as heretofore used in this State, and the liberty 
of the press, shall be forever inviolably preserved. 

Sec. 10. Excessive bail shall not be required ; nor excessive fines im- 
posed ; nor cruel and unusual XDunishments inflicted ; nor the writ Oi habeas 
corpus suspended, except in cases of rebellion or invasion, when the jmblic 
safety may require it. 

Sec. 11. The Legislature shall not grant any title of nobility or hereditary 
distinction, nor create any office the appointment to which shall be for any 
longer term than during good behavior. 

Sec. 12. The military shall be subordinate to the civil power, and every 
citizen has a right to keep and bear arms for the common defence, and this 
right shall never be questioned. 

Sec. 13. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner or occupant ; nor in time of war but in 
a manner to be prescribed by law. 

Sec. 14. Every person, for an injury done him in his person, reputation, 
property, or immunities, shall have remedy by due course of law, and 
right and justice shall be administered freely and without ^ale. completely 
ami without , promptly and without delay, 



46 SATURDAY, SEPTEMBER 16. 

Sec. 15. In all civil suits, and in all controversies concerning property, 
the parties shall have a right to trial by jury, except in cases where it has 
been heretofore otherwise practiced, the parties may be heard by them- 
selves and counsel, or either, at their election. 

Sec. 16. No tax or duty shall be imposed without the consent of the 
people, or their Representatives in the Legislature. 

Sec. 17. Slavery and involuntary servitude are hereby abolished in South 
Carolina, and shall not again exist in the State, except as a punishment for 
crime, whereof the party shall have been duly convicted. 

Sec. 18. The enumeration of certain rights shall not inrpair nor deny 
others retained by the people. 

Mr. DUNOVANT introduced the following resolution ; which was refer- 
red to the Committee on Ordinances and Resolutions : 

Whereas, the President of the United States has, by proclamation, de- 
clared that slavery is forever abolished within the limits of the sovereign 
State of South Carolina ; and whereas, this Convention is powerless to add 
to or substract from the force of the said proclamation ; and whereas, good 
conscience and a sound public policy bids us to give every constitutional 
support to the proclamation aforesaid ; and whereas, the Constitution of the 
United States provides for its own amendments ; and whereas, the Congress 
of the United States has, as provided for in the Constitution, proposed an 
amendment to the Constitution of the United States in reference to the 
institution of slavery, which proposition has been referred not to Conven- 
tions in the States, but to the Legislature of the States. Be it therefore 

Resolved, That all propositions relating to the subject of slavery, are 
hereby referred to the Legislature of this State. 

Mr. ORR introduced an Ordinance to divide Pickens District into two 
Election and Judicial Districts ; which was referred to the Committee on 
Ordinances and Resolutions. 

Mr. "WINSMITH introduced the following resolutions ; which were 
referred to the Committee on the Legislative Department : 

Resolved, That the General Assembly of South Carolina, consisting of a 
Senate and House of Representatives, shall be constituted as follows : 

1st. Each Judicial District of the State, as now constituted, shall be an 
Election District, and that each such Election District shall be entitled to 
one Senator in the Greneral Ass^wVhlTr of South Carolina. 



JOUKNAL OF THE CONVENTION, 47 

2d. The House of Representatives shall consist of one hundred and 
twenty-four members, to be apportioned among the several Election Dis- 
tricts of the State, according to the number of white inhabitants, and the 
amount of all taxes raised by the Legislature, one Representative to be 
allowed ior every sixty-second part of the whole number of white inhabi- 
tants, and one Representative for every sixty-second part of the whole 
taxes raised by the State : Provided, That each Election District shall be 
entitled to at least one Representative : And provided further, That no 
Election District shall ever be entitled to more than one-twelfth part of the 
whole number of Representatives. 

Mr. REED introduced the following resolution ; which was referred to 
the Committee on Amendments to the Constitution : 

Resolved, That so much of section two, article nine, of the Constitution 
of the State as provides that no ex post facto law or laws impairing the obli- 
gation of contracts shall ever be passed by the Legislature of the State, be 
so altered and amended that it shall not be understood to affect the validity 
of any law heretofore passed, or now of force in this State. 

On motion of Mr. ORR, it was 

Ordered, That when this Convention adjourns, it be adjourned to meet 
on Monday next, at 12 o'clock M. 

On motion of Mr. ORR, the Convention was adjourned at 2 o'clock 
P. M. 

JOHN T. SLOAN, 

Clerk of the Convention. 



MONDAY, SEPTEMBER 18, 1865. 

At the hour to which the Convention was adjourned, the PRESIDENT 
took the Chair, and the proceedings were opened with prayer by Rev. 
Mr. Martin. 

The Clerk called the roll, when the following members answered to their 
names : 



48 



MONDAY, SEPTEMBEK 18. 



Messrs. Ball, 
Blair, 
Black, 
Boiling, 
Boozer, 
Boyce, 
Beatty, 
Boyd, 
Brailsford, 
Bryee, 
Brabham, 
Byrd, 
Bametfc, 
Carlisle, 
Campbell, 
Cannon, 
Chisolm, 
Conner, 
Coogan, 
DeLettre, 
Dunovant, 
Dudley, 
DuPre, 
Dunkin, 
Dozier,? 
Evins, 
Farrow, 
Fox, 

Erierson, 
Frost, 
Fishburne, 
Goodwyn, Ai D. 
Gilliland, 
Gaillard, 
G our din, 
Hearst, 
Hemphill, 
Hammond, 
Herndon, 
Huger, 



Messrs. James, 
Jones, 
Johnson, 
Keenan, 
Lee, 
Lesesne, 
McCauley, 
McDuffie, 
McGowan, 
Mclver, 
Melton, 
Mills, Jr. 
Milling, 
Mobley, 
McMaster, 
MeMichael, 
Moore, 
Morgan, 
Morrison, 
Moses, 
Macbeth, 
Melchers, 
Muldrow, 
Norwood, 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S t 
Porter, 
Kavenel, 
Bichardson, 
Kion, 

Robertson, 
Reed, 
Reave?, 
Rose, 
Ross, 
Skipper, 
Sims, 
Summer, 



JOUBNAL OF THE CONVENTION, 



49 



Messrs. Stewart, 
Sheridan, 
Simonton, 

Selmierie, 
Thomson, 
Tillman, 
Taylor, 
Wilson, John 
Wilson, W. T. 



Messrs. Wylie, 

Weatherley, 
Wallace, W. H. 
Wallace, Wm. 
Wagener, 
Williams, 
Winsmith, 
Whetstone, 
Youmans. 



The Journal of yesterday's proceedings was read. 

The following additional Delegate appeared, exhibited his credentials, 
and enrolled his name as a Member of the Convention : 

From Greenville — Mr. J. P. Latimer. 

Mr. EBIEBSON, from the Committee on Amendments to the Constitu- 
tion, made a report on resolution to restore political, relations with the 
United States ; which was ordered for consideration to-morrow. 

Mr. BOYCE, from the Committee on the Legislative Department, made 
a report on resolution of inquiry as to the propriety of requiring only 
biennial meetings of the State Legislature ; which wa3 ordered for con- 
sideration to-morrow. 

On motion of Mr. McGOWAN, the Committee on the Legislative Depart- 
ment was discharged from the further consideration of certain resolutions 
appropriate to the Bill of Bights, and the same was referred to the Com- 
mittee on Amendments to the Constitution. 

Mr. WINSMITH, from the Committee on Ordinances and Besolutions, 
made a report on resolutions in relation to appointing an agent to go to 
Washington for certain purposes ; which was agreed to. 

Mr. INGLIS introduced the following resolution ; which was considered 
immediately and was agreed to : 

Resolved, That the Committee on the Legislative Department be instructed 
to inquire and report on the propriety of so changing several sections of 
the Article in the Constitution on the Legislative Department, as to omit 
any property qualification for a seat in the House of Bepresentatives, to 
insure that the requirement of qualifications for the Senate and House 
shall cover the whole term of office for which the party shall be elected, to 
dispense with any restriction in the mode of the election of its officers by 
7 



50 MONDAY, SEPTEMBER 18. 

each House, and to provide for the present rate of compensation to the 
members for their expenses. 

Mr. INGLIS, from the Committee on the Legislative Department, made 
a report on resolution in reference to the Qualifications of Voters ; -which 
was ordered for consideration to-morrow. Also, 

Made a report on various matters referred ; w T hich was ordered for con- 
sideration to-morrow. 

Mr. ROBERTSON introduced the following resolutions ; which were 
considered immediately : 

Resolved, That the pay and mileage of the Members of this Convention 
shall be five dollars a day for their attendance thereon, and twenty cents 
for each mile, (by the usual route of travel,) in coming to and returning 
from the Convention. 

Resolved, That the pay of the Clerk, Messenger and Door-keeper of this 
Convention shall be the same pro rata as rjaid to similar officers of the 
House of Representatives of this State. 

Resolved, That the President of the Convention appoint a Cashier and 
Assistant Cashier to prepare pay bills for members and officers. 

Resolved, That it be referred to the Committee of Ways and Means to 
provide for the payment of the members and officers of this Convention, 
as indicated in the above resolutions. 

The first, third and fourth of the series were agreed to ; the second was 
referred to the Committee of Ways and Means, with instructions to report 
the amount of salaries under the resolution, and to include the Solicitors 
and Attorney-General. 

Whereirpon the President announced Mr. Youmans, Cashier, and Mr. 
Smart, Assistant Cashier. 

Mr. ORE, from the Committee on the Executive Department, on reso- 
lutions and other matters referred, made a report ; which w T as ordered for 
consideration to-morrow. 

Mr. ALDRXCH, from the Committee on the Executive Department, 
made a report of certain members of the Committee in relation to the 
powers of said Committee ; which was ordered for consideration to-morrow. 

Mr. ROBERTSON, from the Committee on Amendments to the Consti- 
tution, made a report on resolution as to holding popular elections for 
Federal, State or Municipal, to be held on one and the same day ; which 
was ordered for consideration to-morrow. 

On motion of Mr. MOSES, the Committee on the Judicial DeiDartment 
w r as discharged from the further consideration of a resolution as to sittings 



JOURNAL OF THE CONVENTION, 



51 



of Courts of Appeals and for the Correction of Errors, and the same was 
ordered to be laid on the table. 

Mr. MOSES introduced the following resolution ; which was agreed to : 

Besolved, That it be referred to the Committee on "Amendments to the 
Constitution," &c, to inquire into and report on the propriety of so 
amending the Constitution as to substitute for the word "Districts,' 
wherever it occurs in that instrument, the word "Counties;" and for the 
word "District, " the word "County;" with leave to report by Ordinance 
or otherwise. 

Mr. PERRY, from the Special Committee to whom was referred the 
election return from St. Helena Parish, made a report ; which was consi- 
dered immediately. And the question being put, will the Convention 
agree to the report ? it passed in the affirmative. 

The yeas and nays were requested, and are as follows : 
Yeas, : 36 ; nays, 53. 

Those who voted in the affirmative are 



Messrs. Andrews, 
Ball, 
Barnett, 
Beatty, 
Black, 
Blair, 
Boiling, 
Boozer, 
Boyd, 
Bryc®, 
Bull, 
Cannon, 
Coogan, 
Dawkins, 
Dudley, 
Dunkin, 
Farrow, 
Eox, 

Frierson, 
?Vqst ; 



Hon. D. L. "Wabdlaw, President, and 

Messrs. Gaillard, 
Gilliland, 
Gourdin, 
Hemphill, 
Henery, 
linger, 

Keenan, 

• 

Latimer, 

Lee, 

Lesesne, 

Melchers, 

Melton, 

Milling, 

McCauley, 

McGowan, 

Mobley, 

Moore, 

Morrison, 

Moses, 

Mulclrow, 



52 



MONDAY, SEPTEMBEB 18. 



Messrs. Norwood, 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S. 
Bavenel, 
Eeed, 
Koss, 



Messrs. Summer, 
Thomson, 
Tillman, 
Wagener, 
Weatherley, 
Williams, 
Wylie. 



Those "who voted in the negative are 



Aldrich, 

Boyce, 

Brabham, 

Brailsford, 

Bratton, 

Byrd, 

Campbell, 

Carlisle, 

Chisolm, 

Conner, 

DeLettre, 

Dozier, 

Dunovant, 

DuPre, 

Evins, 

Fishburne*, 

Furman, 

»Goodwyn, A. D. 

Goodwyn, T. J. 

Hammond, 

Hearst, 

Herndon, 

Inglis, 

James, 

Johnson, 

Jones, 

Macbeth, 



Messrs. Mills, Jr. 
McDufEe, 
McMaster, 
McMichael, 
Morgan, 
Porter, 
Beaves, 
Eichardson, 
Bion, 
Bobertson, 
Eose, 
Schnierle, 
Sheridan, 
Skipper, 
Simonton, 
Sims, 
Smart, 
Sullivan, 
Taylor, 

"Wallace, Wm. 
Wallace, W. H. 
Whetstone, 
Wilson, John 
Wilson, W. T. 
Winsmith, 
Youmans. 



So the report was agreed to* 



JOUENAL OF THE CONVENTION, 53 

Whereupon, Mr. J. G. Thompson, a delegate from St. Helena, appeared 
and enrolled his name as a member of the Convention. 

Mr. FARROW introduced the following section for the Bill of Rights ! 
which was referred to the Committee on Amendments to the Constitution : 

Voters shall, in all cases except treason, felony or breach of the p< 
be free from arrest in going to, during their attendance at, and in returning 
home from, elections. 

On motion of Mr. DUDLEY, the Committee on Ordinances and Resolu- 
tions was discharged from the further consideration of the resolutions as 
to the division of the State into Election Districts, &c. : and the same was 
referred to the Committee on the Legislative Department. Also, 

From the further consideration of a resolution as to the further exist- 
ence of slavery in this State, and the resolution was ordered to be laid en 
the table. xALso, 

From the further consideration of a resolution as to slavery having 
ceased to exist and should not be re-established in this State; and the reso- 
lution was ordered to be laid on the table. Also, 

Made a report on a resolution, directing that in elections by the Legisla- 
ture, the voting should be viva voce. Also, 

On a resolution declaring the policy of the State as to the encourage- 
ment of internal improvements, arts and mechanical industry ; which were 
severally ordered for consideration to-morrow. 

Mr. DAWKIXS, from the Committee on Ordinances and Resolutions, 
made reports 

On resolution as to the proposed amendment to the Constitution of the 
United States ; which was considered immediately, and was agreed to. 
Also, 

On resolution proposing to refer all matters on the subjeet of slavery to 
the Legislature. Also, 

On an Ordinance to divide Pickens District into two Election and Judi- 
cial Districts ; which were severally ordered for consideration to-morrow. 

On motion of Mr. ROBERTSON, 

Ordered, That when this Convention adjourns, it be adjourned to meet 
to-morrow, at 11 o'clock A. M. 

Mr. MACBETH, from the Committee on Amendments to the Constitu- 
tion, made a report on resolution in relation to equalizing the taxation on 
property ; which was ordered for consideration to-morrow. 

Mr. TILLATAX introduced the following resolution ; which was referred 
to the Committee on the Legislative Department : 



54 MONDAY, SEPTEMBEE 18. 

PROPOSED CLAUSE OF THE CONSTITUTION. 

The General Assembly may erect new Judicial Districts, but every such 
Judicial District shall likewise constitute a new Election District, and shall 
be entitled to a Senator and Representatives in the General Assembly, upon 
the same basis as the Election Districts prescribed by this Constitution : 
Provided, That no new Judicial Election District shall be formed of less 
area than five hundred square mil.es, nor shall any Judicial or Election 
District established by this Constitution be reduced below five hundred 
square miles. At the first general election subsequent to the next appoint- 
ment of Representatives. after the establishment of a new Judicial Election 
District, such District shall be allowed to choose its Senators and as many 
Representatives as the General Assembly may direct ; to be taken from the 
quota or quotas of the Election District or Districts, out of which such 
new District shall have been erected. 

Mr. DUDLEY introduced the following resolution ; which was referred 
to the Committee on Amendments to the Constitution : 

Resolved, That hereafter no money shall be appropriated by the Legisla- 
ture, nor the credit of the State be lent, for internal improvements, or in 
aid of enterprises of individuals, or corporations, unless it shall have been 
so determined by a vote of two-thirds of both branches of the whole rep- 
resentation. 

On motion of Mr. RION, the Committee on the Legislative Department 
was discharged from the further consideration of a resolution in relation to 
appropriating money for internal improvements, &c, and the same was 
referred to the Committee on Amendments to the Constitution. 

Mr. NORWOOD introduced the following resolutions ; which were refer- 
red to the Committee on Ordinances and Resolutions : 

Resolved, That, under existing circumstances, it is the policy of South 
Carolina to encourage immigration from the North and Europe. 

Resolved, That, in the opinion of this Convention, the Legislature should, 
as soon as possible, devise some scheme for inducing and encouraging such 
immigration. 

Mr. IIENERY introduced the following resolution ; which was referred 
to the Committee on Ordinances and Resolutions ; 



JOURNAL OF THE CONVENTION, 55 

Resolved, That the next Legislature be instructed to organize the public 
schools of this State as soon as practicable after their meeting. Also, that 
a department for teaching the higher branches of mathematics, together 
with architectural and mechanical drawing, be connected with one or more 

of these schools. 

» 

On motion of Mr. WILLIAMS, the Convention was adjourned at half- 
past 4 o'clock P. M. 

JOHN T. SLOAN, 
Clerk of the Convention. 



TUESDAY, SEPTEMBER 19, 1865. 

At the hour to which the Convention was adjourned, the PRESIDENT 
took the Chair, and the proceedings were opened with prayer by Rev. B. 
M. Palmer, D. D. 

The Clerk called the roll, and the following Delegates answered to their 
names : 

Messrs. Aldrich, Messrs. Bull, 

Andrews. Byrd, 

Ball, Campbell, 

Barnett, Cannon, 

Beatty, v Carlisle, 

Black, Chisolm, 

Blair, Coogan^ 

Boiling, Conner, 

Boozer, Dawkins, 

Boyce, DeLettre, 

Boyd, Dozier, 

Brabham, Dudley, 

Brailsford, Dunkin, 

Bratton, Dunovant, 

Bryce, DuPre, 



56 



TUESDAY, SEPTEMBER 19. 



Messrs. 



Evins, 

Farrow, 

Fishburne, 

Fox, 

Frierson, 

Frost, 

Fur man, 

Gaillard, 

Gilliland, 

Goodwyn, A. 

Goodwyn, T. 

G our din, 

Hammond, 

Hearst, 

Hemphill, 

Henery, 

Herndon, 

Huge?, 

Inglis, 

James, 

Johnson, 

Jones, 

Keenan, 

Latimer, 

Lee, 

Lesesne, 

Macbeth, 

Melchers, 

Melton, 

Milling, 

Mills, Jr., 

McOauley, 

McDuffie, 

McGowan, 

MeMaster, 

McMichael, 

Mobley, 

Moore, 

Morgan, 

Morrison, 



D. 
J. 



Messrs. Moses, 

Muldrow, 

Norwood, 

Orr, 

Perry, 

Pickens, F. W. 

Pickens, W. S. 

Porter, 

Raven el, 

Reaves, 

Reed, 

Richardson, 

Rion, 

Robertson, 

Rose, 

Ross, 

Schnierle, 

Sheridan, 

Skipper, 

Simonton, 

Sims, 

Smart, 

Sullivan, 

Summer, 

Stewart, 

Taylor, 

Thompson, J. G. 

Thomson, Thos. 

TiHman, 

Wagenqpr, 

-Wallace, Wm. 

Wallace, W. H. 

Yv T eatherly, 

Whetstone. 

Williams, 

Wilson, John 

Wilson, W. T. 

Win smith, 

Wylie, 

Youmans. 



JOURNAL OF THE CONVENTION, 57 

The Journal of yesterday's proceedings was road. 

On motion of Mr. RION, the resolution in relation to the number of 
Members of Congress, and re-districting the State, was taken up, and was 
agreed to. 

Whereupon, the PRESIDENT announced the following members of the 
Committee : 

Messrs. B. F. Dunkin, Weatherly, Gaillard, Bull, Chisholm, Brabham, 
Boozer, Mills, Jr., Evins, Barnett, Ross, Bratton. 

Mr. FARROW, from the Committee on Amendments to the Constitution, 
made a report on Declaration of Rights ; which was agreed to. Also, 

On Bill of Rights ; which was ordered for consideration to-morrow. 

Mr. HERNDON introduced the following resolution ; which was re- 
ferred to the Committee on the Legislative Department : 

Resolved, That no member elected to either branch of the Legislature of 
this State shall be allowed to take his seat in the same, until he shall have 
taken and subscribed, in addition to the oath heretofore required the fol- 
lowing oath or affirmation, viz : And I do further swear (or affirm) that I 
have not gained my election either directly or indirectly by bribery, treat- 
ing, or any other immoral means whatever. 

Mr. ROBERTSON, from the Committee on Amendments to the Consti- 
tution, made a report 

On a resolution suggesting a Constitutional provision, that all Charters, 
or Acts of Incorporation, shall be subject to alteration, amendment or re- 
peal ; which was ordered for consideration to-morrow. 

Mr. BOLLING introduced the following resolution and proposed 
amendment for the Constitution : 

Resolved, That the oath of office, hereafter to be taken by persons elected 
or appointed to offices of profit or trust within this State, shall be the fol- 
lowing, viz : 

4 'I do swear (or affirm) that I am duly qualified, according to the Con- 
stitution of this State, to exercise the office to which I have been appointed, 
and will, to the best of my abilities, discharge the duties thereof, and pre- 
serve, protect and defend the Constitution of this State, and of the United 
States : So help me God." 

8 



58 TUESDAY, SEPTEMBEE 19. 

AMENDMENT PEOPOSED. 

All persons who shall be chosen or appointed to any office of profit or * 
trust, before entering upon the discharge of the duties thereof, shall take 
the following oath : 

' 'I do swear (or affirm) that I am duly qualified, according to the Consti- 
tution of this State, to exercise the office to which I have been appointed, 
and will, to the best of my abilities, discharge the duties thereof, and pre- 
serve, protect and defend the Constitution of this State, and of the United 
States : So help me God." 

Mr. LESESNE, from the Committee on the Judicial Department, made 
a report 

On resolution in relation to Colored Persons being permitted to testify 
in certain cases. Also, made a report 

On a proposition that the Judges and Chancellors be appointed by the 
Governor. . Also, made a report on 

Sundry resolutions relative to the creation of certain Courts ; which 
were severally ordered for consideration to-morrow. 

Mr. DUDLEY, from the Committee on Amendments to the Constitution, 
" made reports 

On resolutions as to appropriating money or lending the faith and credit 
of the State. Also, 

On resolution as to the office of Treasurer and Secretary of State and 
Surveyor-General. Also, 

On resolution of inquiry as to the propriety of substituting the word 
"County" for "District," where the latter occurs in the Constitution. 
Also, 

On resolution as to the protection of voters in the exercise of their privi- 
lege. Also, 

On resolutions declaring the rights of the citizen in certain particulars ; 
which were severally ordered for consideration to-morrow. 

Mr. HEMPHILL, from the Committee on Amendments to the Consti- 
tution, made a report 

On resolution as to the expediency of providing in the Constitution that 
private property shall not be taken for public use, without just compensa- 
tion ; which was ordered for consideration to-morrow. 

Mr. HEAEST, from the Committee on Amendments to the Constitution, 
made a report 



JOTJKNAL OF THE CONVENTION, 59 

On resolution to exempt voters from arrest, kc. ; which was ordered for 
consideration to-morrow. 
Mr. DAWKIXS, from the Committee on Ordinances and Resolutions, 

made a report 

On resolutions indicating a national policy ; which, on motion of Mr. 
HAMMOND, was made the Special Order of the day for Thursday next, 
at 2 o'clock P. M. Also, made reports 

On resolution as to the policy of the State in encouraging immigration. 
Also, 

On resolution instructing the Legislature to organize Public Schools ; 
which were severally ordered for consideration to-morrow. 

Mr. HAMMOND, from the Committee on Ordinances and Resolutions, 
made a report 

On resolutions to raise a police force ; which was considered immediately, 
and was agreed to. 

Mr. INGLIS, from the Committee on the Legislative Department, made 
a report 

On resolution as to giving the General Assembly power to divide the 
Judicial and Election Districts under certain restrictions ; w^hich was 
ordered for consideration to-morrow. 

GENERAL ORDERS. ■ 

The Convention proceeded to the consideration of 

Report of the Committee on Ordinances and Resolutions on an Ordinance 
to declare Slavery abolished, and on other papers referred. 

Mr. BLAIR moved to amend the Ordinance as follows ; which was 
ordered to be laid on the table : 

Amend by striking out all after the words " United States," in the second 
line of the clause, and by adding the following : ' * And the legal prohibi- 
tion of slavery having been declared by the Government of the United 
States an indispensable antecedent to the resumption of constitutional 
relations between the State of South Carolina and the United States, it 
shall be the duty of the Legislature to inquire carefully into the premises, 
and to confer through a committee with the Government of the United 
States and ascertain definitely its purposes ; and the Legislature shall then 
have power, at their discretion, to prohibit slavery and involuntary servi- 
tude forever in the State of South Carolina ; and such prohibition, when 
made, shall be final and irrepealable, 



60 TUESDAY, SEPTEMBER 19. 

And the Legislature shall have power to restrain negroes and persons of 
color, within the jurisdiction of this State, from engaging in any species of 
traffic, in any department of labor other than menial service, agriculture, 
mining, road making and the production of naval stores, and employments 
incidental to these ; and to make all laws necessary or proper to enforce 
this restriction. 

And the Legislature shall have power to make all laws proper or expedi- 
ent to encourage industry or prevent idleness, vagrancy or crime, among 
negroes or colored persons, and to declare such laws exclusively applicable 
to that class of persons. 

Mr. BION moved to amend the Ordinance by striking out the clause 
proposed and to substitute the following : 

" The slaves in South Carolina having been de facto emancipated by the 
action of the Federal authorities, neither slavery nor involuntary servitude 
except as a punishment for crime, whereof the party shall have been duly 
convicted, shall ever be re-established in this State." 

Mr. DUDLEY moved to amend the amendment by striking out and 
inserting the following : 

* ' Slavery having ceased to exist in this State, it shall not hereafter be 
re-established or permitted." 

And the question being put, will the Convention agree to the amend- 
ment to the amendment ? it passed in the negative. 
Yeas, 35 ; nays, 72. 
The yeas and nays were requested and are as follows : 
Those who voted in the affirmative are 

Hon. D. L. Waedlaw, President, and 

Messrs. Black, Messrs. Dunkin, 

Boiling, Evins, 

Boozer, Farrow, 

Boyd, Fox, 

Bryce, Friers on, 

Byrd, Hearst, 

Dudley, Hemphill, 



JOURNAL OF THE CONVENTION, 



61 



Messes. Inglis, 

Latimer, 

Macbeth, 

Melton, 

Milling, 

Morrison, 

Moses, 

Muldrow, 

Norwood, 

Orr, 



Messrs. Perry, 

Pickens, W. S. 

Robertson, 

Ross, 

Skipper, 

Taylor, 

Thompson, J. G. 

Wallace, Wm. 

Weatherly, 

Wylie. 



Those who voted in the negative are 



Messrs. Aldrich, 
Andrews, 
Ball, 
Barnett, 
Beatty, 
Blair, 
Boyce, 
Brailsford, 
Bratton, 
Bull, 

Campbell, 
Cannon, 
Carlisle, 
Chisolm, 
Coogan, 
Conner, 
Dawkins, 
DeLettre, 
Dozier, 
Dunovant, 
DuPre> 
Fishburne, 
Frost, 
Fur man, 
Gaillard, 
Gilliland, 



Messrs. Goodiryn, A. D. 
Goodwyn, T. J. 
Gonrdin, 
Hammond, 
Henery, 
Herndon, 
Huger, 
James, 
Johnson, 
Jones, 
Keenan, 
Lee, 
Lesesne, 
Mills, Jr. 
McDuffie, 
McGowan, 
McMastsr, 
McMichael, 
Mobley, 
Moore, 
• Morgan, 
Pickens, F. W. 
Porter, 
Ravenel, 
Reaves, 
Reed, 



62 



TUESDAY, SEPTEMBER 19. 



Messrs. Richardson, 
Rion, 
Rose, 
Schnierle, 
Sheridan, 
Simonton, 
Sims, 
Smart, 
Sullivan, 
Summer, 



Messrs. 



Thomson, Thos. 

Tillman, 

Wagener, 

Wallace, W. H. 

Whetstone, 

Williams, 

Wilson, John 

Wilson, W. T. 

Winsmith, 

Youmans. 



So the amendment to the amendment was not agreed to. 

On motion of Mr. BE ATT Y, the words " de facto " were stricken out of 
the amendment, and the question being put, will the Convention agree to 
the amendment ? it passed in the affirmative. 
Yeas, 61 ; nays, 46. 

The yeas and nays were requested and are as follows : 

Those who voted in the affirmative are 



Hon. D. L. Wabdlaw, President, and 



Messrs. Andrews, 
Ball, 
Beatty, 
Boyce, 
Boyd, 
Bratton, 
Bryce, 
Byrd, 
Campbell, 
Cannon, 
Carlisle, 
Chisolm, 
Dozier, 
Dudley, 
Dunkin, 
Dunovant, 
DuPre, 
Evins, 



Messrs. Fishburne, 
Furman, 
Goodwyn, A. D. 
GoodTryn, T. J. 
Gourdin, 
Hearst, 
Henery, 
Herndon, 
Inglis, 
Keenan, 
Macbeth, 
Melton, 
Milling, 
Mills, Jr. 
McDuffie, 
McMaster, 
McMichael, 
Mobley, 



JOURNAL OF THE CONVENTION, 



63 



Messrs. Morrison, 
Moses, 
Norwood, 
Orr, 

Pickens, W. S. 
Reaves, 
Richardson, 
Rion, 

Robertson, 
Ross, 
Skipper, 
Simonton, 



Messrs. Smart, 
Taylor, 

Thompson, J. G. 
Thomson, Thos. 
Tillman, 
Wallace, Wm. 
Wallace, W. H. 
Weatherley, 
Wilson, John 
Wilson, W. T. 
Wylie, 
Youmans. 



Those who voted in the negative are 



Messrs. Aldrich, 
Barnett, 
Black, 
Blair, 
Boiling, 
Boozer, 
Brailsford, 
Bull, 
Coogan, 
Conner, 
Dawkins, 
DeLettre, 
Farrow, 
Fox, 

Frierson, 
Frost, 
Gaillard, 
Gilliland, 
Hammond, 
Hemphill, 
Huger, 
James, 
Johnson, 



Messrs. Jones, 

Latimer, 

Lee, 

Lesesne, 

McGowan, 

Moore, 

Morgan, 

Muldrow, 

Perry, 

Pickens, F. W. 

Porter, 

Ravenel, 

Reed, 

Rose, 

Schnierle, 

Sheridan, 

Sims, 

Sullivan, 

Summer, 

Wagener, 

Whetstone, 

Williams, 

Winsmith. 



64 



TUESDAY, SEPTEMBEB 19. 



On motion of Mr. BOYCE, the words "Federal authorities" were stricken 
ont and the words " Government of the United States " inserted. 

On motion of Mr. BION, the words "Government of the United States" 
were stricken out, and the words "United States authorities" inserted. 

And the question being put, will the Convention agree to the report as 
amended ? it passed in the affirmative. 

Yeas, 98 ; nays,' 8. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



Hon. D. L. Waedlaw, President, and 



Messrs. Andrews. 
Ball, 
Barnett, 
Beatty, 
Black, 
Blair, 
Boiling, 
Boozer, 
Boyce, 
Boyd, 
Brailsford, 
Bratton, 
Bryoe, 
Bull, 
Byrd, 
Campbell, 
Cannon, 
Carlisle, 
Chisolm, 
Coogan, 
Conner, 
Dawkins, 
DeLettro, 
Dozier, 
Dudley, 
Dunkin, 



Messrs. DuPre, 
Evins, 
Farrow, 
Fishburne, 
Fox, 

Frierson, 
Frost, 
Gaillard, 
Gilliland, 
Goodwyn, A. D. 
Gourdin, 
Hammond, 
Hearst, 
Hemphill, 
Henery, 
Herndon, 
Huger, 
Inglis, 
James, 
Johnson, 
Jones, 
Keenan, 
Latimer, 
Lee, 
Lesesne, 
Macbeth, 



JOURNAL OF THE CONVFNTION, 



65 



Messrs. Melton, 
Milling, 
Mills, Jr. 
McDuffie, 

MeGowan, 

McMaster, 

MeMiehael, 

Mobley, 

Moore, 

Morrison, 

Moses, 

Muldrow, 

Norwood, 

Orr, 

Perry, 

Pickens, F. W. 

Pickens, W. S. 

Ravenel, 

Reaves, 

Reed, 

Richardson, 

Rion, 

Robertson, 



Messrs. Rose, 
Ross, 
Schnierle, 
Skipper, 
Simonton, 
Sims, 
Smart, 
Sullivan, 
Summer, 
Taylor, 

Thompson, J. G. 
Thomson, Thos. 
Tillman, 
Wagener, 
Wallace, Wm. 
Wallace, W. H. 
Weatherley, 
Williams, 
Wilson, John 
Wilson, W. T. 
Winsmith, 
Wylie. 



Those wh© voted in the negative are 



Messrs. Aldrich, 

Dunovant, 
Goodwyn, T. J. 
Morgan, 



Messrs, Porter,- 

Sheridan, 

Whetstone, 

Youmans. 



So the report was agreed to. 

ilLr. MELTON, from the Engrossing Committee, reported 

An Ordinance to repeal the Ordinance of Secession as engrossed and 
ready for ratification ; which was forthwith ratified in due form. 

On motion of Mr. LESESNE, leave of absence for the remainder of the 
session was granted to Mr. Morrison, on account of the disturbed condition 
of the country in which he resides. 

On motion of Mr. CONNER, leave of absence was granted to Mr. Martin 
for two days, on account of domestic affliction. 
9 



66 



WEDNESDAY, SEPTEMBER 20. 



On motion of Mr. ORR, the Convention adjourned at half-past 3 o'clock 

P. M. 

JOHN T. SLOAN, 

Clerk of the Convention. 



WEDNESDAY, SEPTEMBER 20, 1865. 

At the hour to which the Convention was adjourned, the PRESIDENT 
took the Chair, and the proceedings were opened with prayer by Rev. A. 
W. Moore. 

The Clerk called the roll, when the following members answered to their 
names: 



Messrs. Aldrich, 
Andrews, 
Ball, 
Barnett, 
Beatty, 
Black, 
Blair, 
Boiling, 
Boozer, 
Boyce, 
Boyd, 
Brabham, 
Brailsford, 
Bratton, 
Bryce, 
Bull 
Byrd, 
Campbell, 
Cannon, 
Carlisle, 
Chisolm, 
Coogan, 
Conner, 



Messrs. Dawkins, 
DeLettre, 
Dozier, 
Dudley, 
Dunkin, B. F. 
Dunovant, 
DuPre, 
Evins, 
Farrow, 
Fishburne, 
Fox, 

Frierson, 
Frost, 
Furman, 
Gaillard, 
Gilliland, 
Goodwyn, A. D. 
Goodwyn, T. J. 
Gourdin, 
Hammond, 
Hearst, 
Hemphill, 
Henery, 



JOURNAL OF THE CONVENTION, 



67 



Messr*. Herndon, 
Huger, 
Inglis,| 
James, 
Johnson, 
Jones, 
Keenan, 
Lake, 
Latimer, 
Lee, 
Lesesne, 
Macbeth, 
Melchers, 
Melton, 
Milling, 
Mills, Jr. 
McCauley, 
McDuffie, 
McGowan, 
McMaster, 
McMichael, 
Mobley, 
Moore, 
Morgan, 
Moses, 
Muldrow, 
Norwood, 

OlT, 

Perry, 

Pickens, F. W. 
Pickens, W. S. 
Porter, 



Messrs. Ravenel, 
Reaves, 
Reed, 

Richardson, 
Rion, 
Robertson, 
Rose, 
Ross, 
Schnierle, 
Sheridan, 
Skipper, 
Simonton, 
Sims, 
Smart, 
Sullivan, 
Summer, 
Stewart, 
Taylor, 

Thompson, J. G. 
Thomson, Thos. 
Tillman, 
Wagener, 
Wallace, "Win. 
Wallace, W. H. 
Weatherly, 
Whetstone* 
Williams, 
Wilson, John, 
Wilson, W. T. 
Winsmith, 
Wylie, 
Youmans. 



The Journal of yestersday's proceedings was read. 

Mr. ANDREWS gave notice that to-morrow he would ask leave to intro- 
duce a resolution to amend the rules of the Convention so that no member 
shall occupy the floor for more than ten minutes in addressing the Conven- 
tion. 

Mr. McMASTER introduced the following resolution, which was ordered 
to be printed, and to be laid on the table : 



68 WEDNESDAY, SEPTEMBEE 20. 

Resolved, That the Governor shall always reside, during the sitting of the 
Legislature, at the place where the session may be held ; at all other times 
he shall habitually reside at Columbia, so long as it remains the seat of 
Government. 

GENEEAL OEDEES. 

The Convention proceeded to the consideration of the General Orders. 

The Eeport of the Committee on Ordinances and Eesolutions, in relation 
to Electors of President and Vice-President of the United States, was 
agreed to. 

On motion of Mr. SIMS, the privileges of the floor of the hall of the 
Convention was extended to Gen. M. W. Gary. 

Mr. McGOWAN introduced the following as an addition to the 4th Sec- 
tion of the "Ordinance to declare in force the Constitution and Laws 
heretofore in force," &c, which was ordered to be printed, and to be laid on 
the table : 

"Provided, however, That in case suit shall be brought upon any such 
contracts or obligations, not by their terms payable in gold, or in other 
specified manner, and entered into between the first day of January, A. D« 
1863, and the tenth day of May, 1865, the measure of recovery shall be the 
true value at the time of trial of the property contracted for ; but in ascer- 
taining this value, reference shall be had to the condition of the property 
at the time of contract. And in all such cases, the defendant may show 
such value without specially pleading the same." 

Eesolution as to the Constitution of the State was ordered to be laid on 
the table. 

The following additional delegate appeared, produced his credentials, 
and enrolled his name as a member of the Convention : 

From St. PauVs Parish. — Mr. Isaac M. D wight. 

Pursuant to notice, Mr. FEOST offered the following amendment to the 
sixth rule of the Convention, by adding thereto the following words : 

"And the first six motions shall be decided without debate, after 
such short conversation as the President may permit ;" which was 
agreed to. 

Mr. LEE, from the Committee on Printing, made a report ; which was 
considered immediately, and was agreed to. 

On motion of Mr. OEE, the report of the Committee on the Legisla- 



JOUKNAL OF THE CONTENTION, 69 

tive Department, on various matters, was taken np for consideration ont 
of its order. 

Mr. ANDREWS introduced the following amendment to the third sec- 
tion of the first article of the Constitution, proposing to strike out the 
section, and insert the following : 

"Each Judicial District in the State shall constitute one Election Dis- 
trict, except Charleston District, which shall be divided into three Election 
Districts. The first consisting of all that part of the city of Charleston 
which lies East of the middle thread of King street in said city, through' 
out its whole extent, and to be called Charleston District East ; the second? 
of all that part of the city which lies West of the same line, and to b e 
called Charleston District West ; and the third consisting of all that part 
of the Judicial District which is without the corporate limits of the city? 
and to be known as the Election District of Washington." 

And the question being put, will the Convention agree thereto ? it passed 
in the affirmative. 

Yeas, 80 ; nays, 31. 
The yeas and nays were demanded, and are as follows : 
Those who voted in the affirmative are 

Hon. D. L. Waedlaw, President, and t 

Messrs. Aldrich, Messrs. Dunkin, 

Andrews, Dunovant, 

Ball, DuPre, 

Blair, Dwight, 

Brabham, Evins, 

Brailsford, Fishburne, 

Bratton, Frierson, 

Bull, Frost, 

Byrd, Fur man, 

Cannon, Gaillard, 

Chisolm, Gilliland, 

Coogan, Goodwyn, A. D. 

Conner, Goodwyn, T. J. 

Dawkins, Gourdin, 

DeLettre, Hearst, 

Dozier, Henery, 

Dudley, Huger, 



70 



WEDNESDAY, SEPTEMBEB 20. 



Messrs. Inglis, 


Messrs. Kavenel, 


James, 


Keaves, 


Keenan, 


Keed, 


Lee, 


Bichardson, 


Lesesne, 


Kion, 


Macbeth, 


Kobertson, 


Martin, 


Bose, 


Melchers, 


Schnierle, 


Melton, 


Sheridan, 


Milling, 


Skipper, 


McCauley, 


Simonton, 


McDuffie, 


Sims, 


McGowan, 


Smart, 


McMaster, 


Taylor, 


McMichael, 


Thompson, J. G. 


Moore, 


Wagener, 


Morgan, 


Wallace, Wm, 


Moses, 


Weatherley, 


Muldrow, 


Whetstone, 


Norwood, 


Williams, 


Orr, 


Wilson, W. T. 


Pickens, W. S. 


Youmans. 


Porter, 




Those who voted in the 


negative are 


Messrs. Barnett, 


Messrs. Johnson, 


Beatty, 


Jones, 


Black, 


Latimer, 


Boiling, 


Mills, Jr. 


Boozer, 


Mobley, 


Boyce, 


Perry, 


Boyd, 


Pickens, F. W. 


Bryce, 


Boss, 


Carlisle, 


Sullivan, 


Farrow, 


Summer, 


Fox, 


Stewart, 


Hammond, 


Thomson, Thos. 


Hemphill, 


Tillman, 


Herndon, 


Wallace, W. H. 



JOURNAL OF THE CONVENTION, 
Messrs. Wylie. 



71 



Messrs. Wilson, John 
Winsmith, 



So the amendment was agreed to. 

Mr. CAMPBELL asked and obtained leave to record the vote he would 
have given, if present, on the question of agreeing to the above amend" 
nient, and Mr. Campbell being called, answered aye. 

Mr. YOUMANS moved to amend the section by striking out and insert- 
ing the corresponding section of the Constitution of 1861. 

Mr. ROBERTSON moved to lay the amendment on the table, and the 
question being put, will the Convention agree to the motion ? it passed in 
the affirmative. 

Yeas, 97 ; nays, 8. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



Hon. 



Messrs. Andrews, 
Ball, 
Barnett, 
Beatty, 
Black, 
Blair, 
Boiling, 
Boozer, 
Boyce, 
Boyd, 
Brailsford, 
Bratton, 
Bryce, 
Bull, 
Byrd, 
Cannon, 
Carlisle, 
Coogan, 
Conner, 
Dawkins, 
DeLettre, 
Dudley, 
Dunkin, 



D. L. Waudlaw, President, and 
Messrs. Dunovant, 
DuPre, 
Dwight, 
Evins, 
Farrow, 
Fox, 

Frierson, 
Frost, 
GaiUard, 
GilHland, 
Goodwyn, A. D. 
Gourdin, 
Hammond, 
Hearst, 
Hemphill, 
Henery, 
Herndon, 
Huger, 
Inglis, 
Johnson, 
Jones, 
Keenan, 



72 



WEDNESDAY, SEPTEMBEK 20. 



Messrs. Latimer, 
Lee, 

Lesesne, 
Martin, 
Melchers, 
Melton, 
Milling, 
Mills, Jr., 
McDuffie, 
McGowan, 
McMaster, 
McMichael, 
Mobley, 
Moore, 
Morgan, 
Moses, 
Muldrow, 
Norwood, 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S. 
Porter, 
Eavenel, 
Reaves, 
Reed, 



Messrs. Richardson, 
Rion, 

Robertson, 
Rose, 
Ross, 
Sclmierle, 
Skipper, 
Simonton, 
Sims, 
Sullivan , 
Summer, 
Stewart, 
Taylor, 

Thompson, J. G. 
Thomson, Thos. 
Tillman, 
"Wagener, 
Wallace, W. H. 
Weatherley, 
Whetstone, 
Williams, 
Wilson, John 
Wilson, W. T. 
Winsmith, 
Wylie. 



Those who voted in the negative are 



Messrs. Campbell, 
Chisolm, 
Goodwyn, T. J* 
McCauley, 



Messrs. Sheridan, 
Smart, 

Wallace, Wm. 
Youmans. 



So the amendment was ordered to be laid on the table. 
The section, as amended, was then agreed to. 

On motion of Mr. MOSES, the Convention was adjourned at 4 o'clock 
P.M. 

JOHN T. SLOAN, 

Clerk of the Convention. 



JOURNAL OF THE CONVENTION, 



73 



THUESDAY, SEPTEMBER 21, 1865. 

At the hour to which the Convention was adjourned, the PRESIDENT 
took the Chair, and the proceedings were opened with prayer by Rev. P. 
J. Shand. 

The Clerk called the roll, when the following members answered to their 
names : 



Messrs. Aldrich, 
Andrews, 
Ball, 
Barnett, 
Beatty, 
Black, 
Blair, 
Boiling, 
Boozer, 
Boyce, 
Boyd, 
Brabham, 
Brailsford, 
Bratton, 
Bryce, 
Bull, 
Byrd, 
Campbell, 
Cannon, 
Carlisle, 
Chisolm, 
Coogan, 
Conner, 
Dawkins, 
DeLettre, 
Dozier, 
Dudley, 

10 



Messrs. Dunkin, 

Dunovant, 

DuPre, 

Dwight, 

Evins, 

Farrow, 

Fishburne, 

Fox, 

Frierson, 

Frost, 

Furman, 

Gaillard, 

Gilliland, 

Goodwyn, A. D. 

Goodwyn, T. J. 

Gourdin, 

Hammond, 

Hearst, 

Hemphill, 

Henery, 

Herndon, 

Huger, 

Inglis, 

James, 

Johnson, 

Jones, 

Keenan, 



n 



THUESDAY, SEPTEMBEE 21. 



Messrs. Latimer, 
Lee, 
Lesesne, 
Macbeth, 
Martin, 
Melchers, 
Melton, 
Milling, 
Mills, Jr. 
McCauley, 
McDufiie, 
McGowan, 
McMastef, 
McMichael, 
Mobley, 
Moore, 
Morgan, 
Moses, 
Muldrow, 
Norwood, 
Orr, 
Perry, 

Pickens, F. W. 
Pickens/W. S. 
Porter, 
Kavenel, 
Eeaves, 
Eeed, 
Eichardson, 



Messrs. Eion, 

Eobertson, 

Eose, 

Eoss, 

Schnierle, 

Sheridan, 

Skipper, 

Simonton, 

Sims, 

Smart, 

Sullivan, 

Summer, 

Stewart, 

Taylor, 

Thomson, Thos. 

Thompson, J. G. 

Tillman, 

Wagener, 

Wallace, Wm. 

Wallace, W. H. 

Weatherley, 

Whetstone, 

Williams, 

Wilson, John 

Wilson, W. T. 

Winsmith, 

Wylie, 

Youmans. 



,The Journal of yesterday's proceedings was read. 
On motion of Mr. STEWAET, leave of absence was granted for the re- 
mainder of the session to Mr. Lake, on account of indisposition. 
On motion of Mr. MOSES, 

Ordered, That until the final adjournment of the Convention, it will take 
a recess daily from 3 to 7 o'clock P. M. 

Mr. DAWKINS, from the .Committee on Ordinances and Eesolutions, 
made a report 

On so much of the Governor's Message as relates to Legislative, Execu- 



JOURNAL OF THE CONVENTION, 75 

tive and Judicial Departments of the Government ; which was ordered to 
be printed and to bo laid on the table. 

Mr. DUDLEY, from the Committee on Amendments to the Constitution, 
made a report 

On a resolution to declare the validity of certain laws heretofore passed; 
which was ordered to be printed and to be laid on the table. 

Mr. B. F. DUNKIN, from the Special Committee, made a report 

On resolution as to the representation of this State in the Congress of 
the United States ; which was ordered for consideration to-morrow. 

Mr. FARROW, from the Committee on Amendments to the Constitu- 
tion, made a report 

On a resolution proposing amendments to form of oath of office ; which 
was ordered for consideration to-morrow. 

Pursuant to notice, Mr. ANDREWS introduced the following additional 
rule : 

No member, on addressing the Convention, shall, at any on© time, oc- 
cupy the floor for more than fifteen minutes, without the consent of the 
Convention. 

And the question being put, will the Convention agree thereto ? it passed 
in the affirmative. 

Yeas, 73 ; nays, 36. 
The yeas and nays were requested, and are as follows : 
Those who voted in the affirmative are 

Messrs. Andrews, Messrs. Conner, 

Ball, Dozier, 

Barnett, Dudley, 

Beatty, Dunkin, 

Blair, Dunovant, 

Boyce, DuPre, 

Brabham, Dwight, 

Brailsford, Evins, 

Bryce, Fishburne, 

Byrd, Frost, 

Campbell, Furman, 

Cannon, Gaillard, 

Carlisle, Gilliland, 

Chisolm, Goodwyn, A. D. 

Coogan, Gourdin, 



76 



THUESDAY, SEPTEMBEE 21. 



Messrs. Hammond, 
Hemphill, 
Henery, 
Herndon, 
Inglis, 
Johnson, 
Keenan, 
Latimer, 
Lee, 
Lesesne, 
Martin, 
Melchers, 
■Milling, 
McCauley, 
McDuffie, 
McGowan, 
McMichael, 
Mobley, 
Morgan, 
Muldrow, 
Norwood, 
Bavenel, 



Messrs. Beaves, 
Eeed, 
Eion, 
Eose, 
Schnierle, 
Sheridan, 
Skipper, 
Sims, 
Smart, 
Summer, 
Thompson, J. G. 
Thomson, Thos. 
Tillman, 
Wagener, 
Wallace, W. H. 
Weatherley, 
Whetstone, 
Williams, 
Wilson, W. T. 
Winsmith, 
Wylie. 



Those who voted in the negative are 



Hon. D. L. WAKDiiAW, President, and 



Messrs. Aldrich, 
Black, 
Boiling, 
Boozer, 
Boyd, 
Dawkins, 
DeLettre, 
Farrow, 
Fox, 

Frierson, 
Goodwyn, T. J. 
Hearst, 
Huger, 
James- 



Messrs. Jones, 
Melton, 
Mills, Jr., 
McMaster, 
Moore, 
Moses, 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S. 
Porter, 
Eichardson, 
Eobertson, 
Eoss, 



JOUENAL OF THE CONVENTION, 77 

Messrs. Sirnonton, Messrs. "Wallace, Wm, 
Sullivan, Wilson, 

Stewart, Yonmans. 

Taylor, 

So the rule was adopted. 

Mr. EION gave notice that to-morrow he will ask leave to introduce a 
resolution to amend Bule Eleventh, by striking out the word "two" in 
second line and inserting "seven," so that it will require a call of seven in- 
stead of two members to necessitate a vote by yeas and nays. 

Mr. ALDBICH asked and obtained leave to record the vote he would 
have given, if present, yesterday, on the motion to lay the amendment to the 
third section of the Constitution, proposed by Mr. Youmans, on the table ; 
and Mr. Aldrich being called, answered nay. 

The Convention resumed the consideration of the report on the Legisla- 
tive Department on various matters referred. 

Mr. OEE moved to amend the fifth section, by striking out the following- 
words : ' 'And the amount of all taxes raised by the General Assembly, 
whether direct or indirect, or of whatever species, paid in each, deducting 
therefrom all taxes paid on account of property held in any other District, 
and adding thereto all taxes paid on account of property in such." 

And the question being put, will the Conventien agree thereto ? it passed 
in the negative. 

Yeas, 24 ; nays, 83. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 

Messrs. Beatty, Messrs. Jones, 

Black, Latimer, 

Boiling, Melton, 

Boozer, Moore, 

Boyce, Orr, 

Boyd, Perry, 

Bryce, Pickens, W. S. 

Byrd, Eobertson, 

Evins, Eoss, 

Fox, Wilson, John 

Herndon, Winsmith, 

Johnson, Wylie. 

Those who voted in tkg negative are 



78 



THURSDAY, SEPTEMBER 21. 



Hon. D. 

Messrs. Aldrich, 
Andrews, 
Ball, 
Barnett, 
Blair, 
Brailsford, 
Bratton, 
Bull, 

Campbell, 
Cannon, 
Carlisle, 
Chisolm, 
Coogan, 
Conner, 
Dawkins, 
DeLettre, 
Dozier, 
Dudley, 
Dunkin, 
Dunovant, 
DnPre, 
Dwight, 
Farrow, 
Fishburne, 
Frierson, 
Frost, 
Furman, 
Gaillard, 
Gilliland, 
Goodwyn, A. D. 
Goodwyn, T. J. 
Gourdin, 
Hearst, 
Hemphill, 
Henery, 
Huger, 
Inglis, 
James, 



L. Wabdlaw, President, and 
Messrs. Keenan, 
Lee, 
Lesesne, 
Macbeth, 
Martin, 
Melchers, 
Milling, 
Mills, Jr. 
McCauley, 
McDuffie, 
McGowan, 
McMaster, 
McMichael, 
Mobley, 
Morgan, 
Moses, 
Muldrow, 
Pickens, F. W. 
Porter, 
Ravenel, 
Reaves, 
Reed, 

Richardson, 
Rion, 
Rose, 
Schnierle, 
Sheridan, 
Skipper, 
Simon ton, 
Sims, 
Smart, 
Sullivan, 
Summer, 
Stewart, 
Taylor, 

Thompson, J. G. 
Thomson, Thos, 
Tillman, 



JOUBNAL OF THE CONVENTION. 



79 



Messrs. Wallace, W. 

Wallace, W. H. 
Weatherly, 



Messrs. Williams, 

Wilson, W. T. 
Youmans. 



So the motion was not agreed to. 

Mr. DOZIER offered the following amendments : To strike out the 
word " white" in the third line of the fifth section, and insert in eighth 
line between the words "fifty-nine" and "shall" the words "an enumera- 
tion of the inhabitants." 

And the question being put, will the Convention agree thereto ? it passed 
in the negative. 

Yeaa, 52 ; nays, 59. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



Messrs. 



Hon. D. 


L. Waedlaw, 


President, and 


Aldrich, 


Messrs 


, James, 


Andrews, 






Keenan, 


Blair, 






Lesesne, 


BolHng, 






Macbeth, 


Brabham, 






Martin, 


Brailsford, 






'Melton, 


Bull, 






McCauley, 


Conner, 






■McDuffie, 


Dawkins, 






McMaster, 


DeLettre, 






Pickens, F. W. 


Dozier, 
Dudley, 






Porter, 
Bavenel, 


Dunkin, 






Reaves, 


Dunovant, 






Read, 


DuPre, 






Rose, 


Dwight, 

Fishburne, 

Frost, 






Ross, 

Schnieiie, 

Sheridan, 


Furman, 






Smart, 


Gaillard, 






Taylor, 


Gilliland, 






Thompson, J. G. 


Goodwyn, A. D. 






Wallace, Wm. 


Gourdin, 






Weatherley, 


Henery, 






Williams, 


Huger, 






Youmans. 


Inglis, 









80 



THURSDAY, SEPTEMBER 21 



Those who voted in the negative are 



Messrs. Ball, 

Barnett, 

Beatty, 

Black, 

Boozer, 

Boyce, 

Boyd, 

Bratton, 

Bryce, 

Byrd, 

Campbell, 

Carlisle, 

Chisolm, 

Coogan, 

Evins, 

Farrow, 

Fox, 

Frierson, 

Goodwyn, T. J. 

Hammond, 

Hearst, 

Hemphill, 

Herndon, 

Johnson, 

Jones, 

Latimer, 

Lee, 

Melchers, 

Milling, 

Mills, Jr. 



Messrs. McGowan, 
McMichael, 
Mobley, 
Moore, 
Morgan, 
Moses, 
Muldrow, 
Norwood, 
Orr, 
Perry, 

Pickens, W. S. 
Richardson, 
Rion, 

Robertson, 
Skipper, 
Simonton, 
Sims, 
Sullivan, 
Summer, 
Stewart, 

Thomson, Thos. 
Tillman, 
Wagener, 
Wallace, W. H. 
Whetstone, 
Wilson, John 
Wilson, W. T. 
Winsmith, 
Wylie. 



So the amendment was not agreed to. 

On motion of Mr. ANDREWS, leave of absence was granted to Mr. 
Williams to advance the business of the Committee of Ways and Means. 

Under the order, the Convention receded from business, at 3 o'clock, 
until 7 o'clock P. M. 

RECESS. 

The PRESIDENT resumed the Chair. 



JOUENAL OF THE CONVENTION, 



81 



The Convention resumed the consideration of the report of the Com- 
mittee on the Legislative Department on various matters referred. 

Mr. DOZIEK moved to recur to the consideration of the fifth section, 
and the question being put, will the Convention agree thereto ? it passed 
in the affirmative. 

Yeas, 52 ; nays, 48. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



Messrs. Aldrich, 
Andrews, 
Blair, 
Boiling, 
Brabham, 
Brailsford, 
Byrd, 
Cannon, 
Chisolm, 
Coogan, 
Conner, 
DeLettre, 
Dozier, 
Dudley, 
Dunkin, B. F. 
Dunovant, 
DuPre, 
Dwight, 
Fishburne, 
Frost, 
Furman, 
Gaillard, 
Gilliland, 
Goodwyn, A. D. 
Henery, 
Inglis, 



Messrs. James, 
Jones, 
Keenan, 
Lesesne, ] 
Macbeth, 
Martin, 
Melchers, 
Milling, 
McCauley, 
McDuffie, 
McGowan, 
McMaster, 
Norwood, 
Perry, 
Porter, 
Eavenel, 
Beaves, 
Sheridan, 
Skipper, 
Simonton, 
Smart, 

Thompson, J. G, 
Wallace, Wm. 
Weatherly, 
Wilson, W. T 
Youmans. 



Those wh@ voted in the negative are 



Messrs. Ball, 
11 



Hon. D. L, Waedlaw, President, and 
Messrs. Barnett, 



82 



THUKSDAY, SEPTEMBER 21. 



Hessrs. Beatty, 


Messrs. Moore, 


Black, 


Morgan, 


Boozer, 


Moses, 


Boyce, 


Muldrow, 


Boyd, 


Orr, 


Bratton, 


Pickens, F. W. 


Bryce, 


Pickens, W. S. 


Carlisle, 


Eichardson, 


Evins, 


Kion, 


Farrow, 


Robertson, 


Fox, 


Boss, 


Frierson, 


Sims, 


Goodwyn, T. J* 


Sullivan, 


Hearst, 


Snmmer, 


Hemphill, 


Thomson, Thos. 


Herndon, 


Tillman, 


Johnson, 


Wagener, 


Latimer, 


Wallace, W. H. 


Lee, 


Whetstone, 


Melton, 


Wilson, John, 


Mills, Jr. 


Winsmith, 


McMichael, 


Wylie. 


Mobley, 





So the Convention recurred to the fifth section. 

Mr. NORWOOD moved to reconsider the vote had on agreeing to the 
amendment offered by Mr. Dozier, and the question being out, will the 
Convention agree to the motion ? it passed in the affirmative. 
Yeas, 55 ; nays, 51. 

The yeas and nays were requested and are follows : 

Those who voted in the affirmative are 



Hon. D. 
Messrs. Aldrich, 
Andrews, 
Blair, 
Boiling, 
Brabham, 
Brailsford, 
Bull, 



L. Wabdlaw, President, and 
Messrs. Byrd, 

Campbell, 

Cannon, 

Chisolm, 

Coogan, 

Conner, 

Dawkins, 



JOURNAL OF THE CONVENTION, 



83 



Messrs, DeLettre, 


Messrs. Melchers, 


Dozier, 


Melton, 


Dudley, 


McCauley, 


Dunkin, 


McDuffie, 


Dunovant, 


McMaster, 


DuPre, 


Norwood, 


Dwight, 


Pickens, F. W. 


Fishburne, 


Porter, 


Frost, 


Ravenel, 


Furman, 


Reaves, 


Gailliard, 


Reed, 


Gilliland, 


Ross, 


Goodwyn, A. D. 


Sheridan, 


Henery, 


Skipper, 


Inglis, 


Smart, 


James, 


Taylor, 


Keenan, 


Thompson, J. G. 


Lesesne, 


Wallace, Wm. 


Macbeth, 


Weatherly, 


Martin, 


Youmans. 


Those who voted in the 


negative are 


Messrs. Ball, 


Messrs. Herndon, 


Barnett, 


Johnson, 


Beatty, 


Jones, 


Black, 


Latimer, 


Boozer, 


Lee, 


Boyce, 


Milling, 


Boyd, 


Mills, Jr. 


Bratton, 


McGowan, 


Bryce, 


McMichael, 


Carlisle, 


Mobley, 


Evins, 


Moore, 


Farrow,; 


Morgan, 


Fox, 


Moses, 


Frierson, 


Muldrow, 


Goodwyn, T. J. 


Orr, 


Hammond, 


Perry, 


Hearst, 


Pickens, W. S^ 


Hemphill, 


Richardson, 



Si FEIDAY, SEPTEMBEE 22. 

Messrs. Eion, Messrs. Wagener, 

Eobertson, Wallace, W. H. 

Simonton, Whetstone, 

Sims, Wilson, John 

Sullivan, Wilson, W. T. 

Summer, Winsmith, 

Thomson, Thos. Wylie. 
Tillman, 

So the Convention reconsidered the vote. 

On motion of Mr. OEE, the Convention was adjourned at 10 o'clock P. M. 

JOHN T. SLOAN, 

Clerk of the Convention. 



FEIDAY, SEPTEMBEE 22, 1865. 

At the hour to which the Convention was adjourned, the PEESIDENT 
took the Chair, and the proceedings were opened with prayer by Eev. J. 
J. O'Connell. 

The Clerk called the roll, when the following members answered to their 
names : 

Messrs. Aldrich, Messrs. Brailsford, 

Andrews, Bratton, 

Ball, Bryce, 

Barnett, Byrd, 

Beatty, Campbell, 

Black, Cannon, 

Blair, Carlisle, 

Boiling, Chisolm, 

Boozer, Coogan, 

Boyce, Conner, 

Boyd, Dawkins, 

Brabham, DeLettre, 



JOUENAL OF THE CONVENTION, 



85 



Messrs. Dozier, 
Dudley, 
Dunkin, 
Dunovant, 
DuPre, 
Dwight, 
Evins, 
Farrow, 
Fishburne, 
Fox, 

Frierson, 
Frost, 
Fur man, 
Gaillard, 
Gilliland, 
Goodwyn, A. D. 
Goodwyn, T. J. 
Gourdin, 
Hammond, 
Hearst, 
Hemphill, 
Henery, 
Herndon, 
Huger, 
Inglis, 
James, 
Johnson, 
Jones, 
Keenan, 
Latimer, 
Lee, 
Lesesne, 
Macbeth, 
Martin, 
Melchers, 
Melton, 
Milling, 
Mills, Jr. 
McCauley, 
McDuffie, 



Messrs. McGowan, 
Mclver, 
McMaster, 
McMichael, 
Mobley, 
Moore, 
Morgan, 
Moses, 
Muldrow, 
Norwood, 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S. 
Porter, 
Eavenel, 
Eeaves, 
Eeed, 

Eichardson, 
Eion, 

Eobertson, 
Eose, 
Eoss, 
Schnierle, 
Sheridan, 
Skipper, 
Simonton, 
Sims, 
Smart, 
Sullivan, 
Summer, 
Stewart, 
Taylor, 

Thomson, Thos. 
Thompson, J. G. 
Tillman, 
Wagener, 
Wallace, Wm. 
WaUace, "W. H. 
Weatherley, 



86 



FKIDAY, SEPTEMBEK 22. 



Messrs. Whetstone, 

Wilson, John 
Wilson, W. T. 



Messrs. Winsmith, 
Wylie, 
Youmans. 



The Journal of yesterday's proceedings was read. 

On motion of Mr. EION, Bule Eleventh was so amended as to require 
the request of seven members, instead of two, to decide any question by yeas 
and nays. 

The Convention resumed the consideration of the report of the Commit- 
tee on the Legislative Department on various matters referred. 

Mr. INGLIS moved that the amendment proposed by Mr. Dozier to 
strike out the word "white," &c, &c, be laid on the table ; and the ques- 
tion being put, will the Convention agree thereto ? it passed in the affirma- 
tive. 

Yeas, 74 ; nays, 24. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



Messrs. Ball, 

Barnett, 

Beatty, 

Black, 

Blair, 

Boiling, 

Boozer, 

Boyce, 

Boyd, 

Brailsford, 

Bratton, 

Bryce, 

Byrd, 

Carlisle, 

Coogan, 

Conner, 

DeLettre, 

Dunkin, 

DuPre, 

Evins, 

Farrow, 

Fox, 



Messrs. 



Frierson, 

Gaillard, 

Goodwyn, T. 

Hammond, 

Hearst, 

Hemphill, 

Henery, 

Herndon, 

Inglis, 

James, 

Johnson, - 

Jones, 

Latimer, 

Lee, 

Lesesne, 

Martin, 

Melchers, 

Milling, 

Mills, Jr. 

McDuffie, 

McGowan, 

McMichael, 



JOURNAL OF THE CONVENTION, 



87 



Messrs. Mobley, 
Morgan, 
Moses, 
Mnldrow, 
Orr, 
. Perry, 
Pickens, W. S. 
Ravenel, 
Reaves, 
Reed, 

Richardson, 
Rion, 

Robertson, 
Rose, 
Ross, 



Messrs. Skipper, 
Sim on ton, 
Sullivan, 
Summer, 
Stewart, 
Thomson, Thos. 
Tillman, 
Wagener, 
Wallace, W. H. 
Weatherly, 
Whetstone, 
Wilson, John 
' Wilson, W. T. 
Winsmith, 
Wylie. 



Those who voted in the negative are 



Hon. D. L. Wardlaw, President, and 



Messrs. Aldrich, 
Brabham, 
Campbell, 
Cannon, 
Chisolm, 
Dozier, 
Dudley, 
Dunovant, 
Dwight, 
Fishburne, 
Frost, 
Gilliland, 1 



Messrs. Goodwyn, A. D. 
Macbeth, 
Melton, 
McMaster, 
Norwood, 
Porter, 
Schnierle, 
Taylor, 

Thompson, J. G. 
Wallace, W. 
Youmans. 



So the amendment was ordered to be laid on the table. 

Mr. LESESNE gave notice that to-morrow he will ask leave to introduce 
a resolution to rescind the Rule limiting debate. 

On motion of Mr. MACBETH, the report of the Committee on Amend- 
ments of the Constitution on resolution in relation to equalizing the taxes 
on property, was taken up out of its order, and was ordered to be laid on 
the table. 

The Convention resumed the consideration of the report of the Com- 
mittee on the Legislative Department on various matters referred. 



88 



FBIDAY, SEPTEMBER 22. 



Mr. TILLMAN moved to amend the 11th Section by adding the words, 
"And fourteen other Senators to be apportioned among the several Elec- 
tion Districts according to the territorial area of the fourteen largest Dis- 
tricts." 

Mr. ROBERTSON moved to lay the amendment on the table ; and the 
question being put, will the Convention agree thereto ? it passed in* the 
affirmative. 

Yeas, 82 ; nays, 27. 

The yeas and nays were requested and are as follows : 

Those who voted in the affirmative are 



Messrs. Ball, 

Barnett, 

Beatty, 

Black, 

Blair, 

Boozer, 

Boyce, 

Boyd, 

Bratton, 

Byrd, 

Cannon, 

Carlisle, 



Conner, 

Dawkins, 

DeLettre, 

Dozier, 

Dudley, 

Dunkin, 

Dunovant, 

DuPre, 

Dwight, 

Evins, 

Farrow, 

Fishburne, N 

Fox, 

Frierson, 

Gilliland, 

Goodwyn, A. D. 



Messrs. Goodwyn, T. J. 

Gourdin, 

Hemphill, 

Henery, 

Herndon, 

Inglis, 

James, 

Johnson, 

Jones, 

Keenan, 

Latimer, 

Lesesne, 

Martin, 

Melchers, 

Melton, 

Mills, Jr., 

McCauley, 
• . McDuffie, 

Mclver, 

McMaster, 

McMichael, 

Moore, 

Morgan, 

Moses, 

Muldrow, 

Norwood, 

Orr, 

Pickens, F. "W. 

Porter, 



JOUKNAL OF THE CONVENTION, 



89 



Messrs. 



Ravenel, 


Messrs. Summer, 


Reaves, 


Stewart, 


Reed, 


Taylor, 


Richardson, 


Thomson, Thos. 


Rion, 


Wagener, 


Robertson, 


Wallace, Wm. 


Rose, 


Wallace, W. H, 


Ross, 


Weatherly, 


Schnierle, 


Wilson, John 


Skipper, 


Wilson, W. T. 


Simonton, 


Winsmith, 


Sullivan, 


Wylie. 



Those who voted in the negative are 



Hon. D. L. Wabdlaw, President, and 



Messrs. Aldrich, 
Andrews, 
Boiling, 
Brabham, 
Brailsford, 
Bryce, 
Campbell, 
Chisolm, 
Frost, 
Furman, 
Gaillard, 
Hammond, 
Hearst, 



Messrs. Huger, 
Lee, 

Macbeth, 
McGowan, 
Mobley, 
Perry, 

Pickens, W. S. 
Sheridan, 
Smart, 

Thompson, J. G. 
Tillman, 
Whetstone, 
Youmans. 



So the amendment was ordered to be laid on the table. 

Mr. MOSES moved to amend the 13th Section by adding, "And hath, 
been so at least six months next preceding the day of election." And tho 
question being put, will the Convention agree thereto ? it passed in tho 
affirmative. 

Yeas, 80 ; nays, 28. 

The yeas and nays were requested and are as follows : 

Those who voted in the affirmative are 



Messrs. Aldrich, 
Andrews, 
12 



Messrs. Ball, 

Beatty, 



90 



FRIDAY, SEPTEMBER 22. 



Messrs. Blair, 


Messrs. Martin, 


Boiling, 


Melchers, 


Boozer, 


Melton, 


Boyce, 


Milling, 


Boyd, 


MiUs, Jr. 


Brabham, 


McDuffie, 


Bratton, 


McMichael, 


Bryce, 


Mobley, 


Campbell, 


Moore, 


Carlisle, 


Morgan, 


Chisolm, 


Moses, 


Coogan, 


MuldroTr, 


DeLettre, 


Norwood, 


Dozier, 


Orr, 


Dudley, 


Perry, 


Dunkin, 


Pickens, W. S. 


Dunovant, 


Porter, 


DuPre, 


Ravenel, 


Dwight, 


Reaves, 


Evins, 


Eeed, 


Farrow, 


Richardson, 


Fox, 


Robertson, 


Frierson, 


Rose, 


Frost, 


Ross, 


Furman, ' 


Sheridan, 


Gaillard, 


Skipper, 


Gourdin, 


Smart, 


Hearst, 


Sullivan, 


Hemphill, 


Summer, 


Herndon, 


Stewart, 


Huger, 


Thomson, Thos. 


Inglis, | 


Tillman, 


James, 


Wagener, 


Johnson", 


Wallace, Wm, 


Keenan, 


Weatherley, 


Latimer, 


Wilson, John 


Lee, 


WiLson, W. T t 


Lesesne, 


Winsmith. 


Those who iroted in the negative are 


Hon. D. 


L. Wakdlaw, President, and 



JOURNAL OF THE CONVENTION, 



91 



Messrs Barnett, 
Black, 
Brailsford, 
Conner, i 
Dawkins, 
Fishburne, 
Gilliland, 
Goodwyn, A. D. 
Goodwyn, T. J. 
Hammond, 
Henery, 
Jones, 
Macbeth, 
McCauley, 



Messrs. McGowan, 
Mclver, 
McMaster, 
Pickens, F. W. 
Rion, 
Schnierle, 
Simonton, 
Sims, 
Taylor, 

Wallaca, W. H. 
Whetstone, 
"Wylie. 
Youmans. 



So the amendment was agreed to. 

Mr. ORR moved to amend the 14th Section by striking out the follow- 
ing words : " Be legally seized and possessed in his own right of a freehold 
worth not less than two thousand dollars," and the question being put, 
will the Convention agree thereto ? it passed in the affirmative. 
Yeas, 59 ; nays, 47. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



Andrews, 

Barnett, 

Beatty, 

Black, 

Blair, 

Boiling, 

Boozer, 

Boyce, 

Boyd, 

Brailsford, 

Bryce, 

Campbell, 

Carlisle, 

Coogan, 

Dudley, 

DuPre, 



Messrs. Evins, 
Farrow, 
Fox, 
Gaillard, 
Gilliland, 
Goodwyn, A. D. 
Hearst, 
Hemphill, 
Henery, 
Herndon, 
Johnson, 
Jones, 
Lesesne, 
Macbeth, 
Martin, 
Melehers, 



92 



FRIDAY, SEPTEMBER 2'2. 



Messrs. Milling, 








Messrs 


. Rose, 


Mills, Jr. 












Ross, 


McMaster, 












Schnierle, 


McMichael, 












Skipper, 


Moore, 












Smart, 


Morgan, 












Sullivan, 


Moses, 












Thomson, Thos, 


Muldrow, 












Tillman, 


Norwood, 












Wagener, 


Orr, 












Weatherly, 


Perry, 












Wilson, John 


Pickens, W. 1 


m 










Winsmith, 


Keed, 












Wylie. 


Kobertson, 














Those who voted in 


the negative 


are 






Hon, 


, D. 


L. 


Wabdlaw, 


President, and 


Messrs. Aldrich, 








Messrs. 


James, 


Ball, 












Keenan, 


Bratton, 












Lake, 


Bull, 












Lee, 


Byrd, 












Melton, 


Chisolm, 












MeCauley, 


Conner, 












McDuffie, 


Dawkins, 












McGowan, 


DeLettre, 












Mclver, 


Dozier, 












Mobley, 


Dunkin, 












Pickens, F. W. 


Dunovant, 












Porter, 


Dwight, 












Ravenel, 


Fishburne, 












Reaves, 


Frierson, 












Richardson, 


Furman, 












Rion, 


Goodwyn, A. 


D. 










Sheridan, 


Gourdin, 












Simonton, 


Hammond, 












Sims, 


Huger, 












Summer, 


Inglis, 












Stewart, 



JOURNAL OF THE CONVENTION, 



03 



Messrs. Taylor, 

Wallace, Win. 

Wallace, W. H. 



Messrs. Wilson, W. T. 
Youmans. 



So the amendment was agreed to. 

On motion of Mr. DUDLEY, the report of the Committee on Amend" 
ments of the Constitution, on resolution as to popular elections, also on 
resolution as to voting viva voce in all elections by the General Assembly, 
were taken up in connection with the report under consideration. 

Mr. TILLMAN offered the following amendment to the 9th Section, by 
striking out "provided" and inserting "made up," and adding "Provided, 
however, That not more than twelve Representatives shall, in any appor- 
tionment, be assigned to any one Election District," and the question being 
put, will the Convention agree thereto ? it passed in the affirmative. 
Yeas, 61 ; nays, 43. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



Hon. 



Messrs. Aldrich, 
Barnett, 
Beatty, 
Black, 
Blair, 
Boiling, 
Boozer, 
Boyce, 
Boyd, 
Brabham, 
Bratton, 
Bryce, 
Byrd, 
Carlisle, 
Coogan, 
Conner, 
Dudley, 
Dunovant, 
DuPre, 
Evins, 
Farrow, 



D. L. Wardlaw, President, and 
Messrs. Fox, 

Hearst, 

Henery, 

Herndon, 

Johnson, 

Jones, 

Latimer, 

Lee, 

Milling, 

Mills, Jr. 

McMichael, 

Mobley, 

Moore, 

Moses, 

Muldrow, 

Orr, 

Perry, 

Pickens, F. W. 

Pickens, W. S 

Reed, 

Richardson, 



94 



FRIDAY, SEPTEMBER 22. 



Messrs. Eion, 

Robertson, 

Ross, 

Sheridan, 

Skipper, 

Sims, 

Sullivan, 

Summer, 

Stewart, 



Messrs. Thomson, Thos. 
Tillman, 
Wallace, W. H. 
Wallace, Wm. 
Whetstone. 
Wilson, John 
Winsmith, 
Wylie. 



Those who voted in the negative are 

Messrs. Andrews, Messrs. Lesesne, 

Ball, Melchers, 

Brailsford, Melton, 

Bull, McCauley, 

Campbell, McDuffie, 

Chisolm, McGowan, 

Dawkins, Mclver, 

DeLettre, McMaster, 

Dozier, Morgan, 

Dunkin, Porter, 

Dwight, Ravenel, 

Furman, Reaves, 

Gailliard, Rose, 

Gilliland, Schnierle, 

Goodwyn, A. D. Simonton, 

Goodwyn, T. J. Taylor, 

Gourdin, Thompson, J. G. 

• Hemphill, Wagener, 

Huger, Weatherly, 

Xnglis, Wilson, W. T. 

James, Youmans. 
Keenan, 

So the amendment was agreed to. 

The report was then agreed to. 

The Convention receded from business at 3 o'clock until 7 o'clock I*. M. 

RECESS. 
The PRESIDENT resumed the Chair. 



JOURNAL OF THE CONVENTION, 95 

The Convention proceeded to the consideration of the report of the 
Committee on the Legislative Department, on a resolution as to the quali- 
fication of- voters. 

On motion of Mr. BOYCE, the report was re-committed to the Committee- 

SPECIAL ORDERS. 

On motion of Mr. HAMMOND, the .Convention proceeded to the con- 
sideration of the report of the Committee on Ordinances and Resolutions, 
on resolutions indicating a national policy, which had been made the 
Special Order of the Day, for this day, at 1 o'clock P. M. 

On motion of Mr. HAMMOND, the Special Order was discharged and 
the same was made the Special Order of the day for to-morrow at 1 o'clock. 
P. M. 

On motion of Mr. ORR, the Convention proceeded to the consideration 
of the report of the Committee of the Executive Department, on sundry 
resolutions and other matters referred. 

On motion of Mr. SMART, the Convention was adjourned at fifteen 
minutes past 10 o'clock P. M. 

JOHN T. SLOAN, 

Clerk of the Convention. 



SATURDAY, SEPTEMBER 23, 1865. 

At the hour to which the Convention was adjourned, the PRESIDENT 
took the Chair, and the proceedings were opened with prayer by Rev. Mr. 
Rude. 

The Clerk called the roll, when the following members answered to their 
names : 

Messrs. Aldrich, Mefsrs. Black, 
Andrews, Blair, 

Ball, Boiling, 

Barnett, Boozer, 

Beatty, Boyce, 



96 



SATURDAY, SEPTEMBER 23. 



Messrs. Boyd, 

Brabham, 

Brailsford, 

Brat ton, 

Bryce, 

Byrd, 

Campbell, 

Cannon, 

Carlisle, 

Cliisolm, 

Coogan, 

Conner, 

Dawkins, 

DeLettre, 

Dozier, 

Dudley, 

Dunkin, 

Dunovant, 

DuPre, 

Dwight, 

Evins, 

Farrow, 

Fishburne, 

Fox, 

Frierson, 

Frost, 

Furman, 

Gaillard, 

Gilliland, 

Goodwyn, A. D. 

Goodwyn, T. J. 

Gourdin, 

Hammond, 

Hearst, 

Hemphill, 

Henery, 

Herndon, 

Huger, 

Inglis, 

James, 



Messrs. Johnson, 
Jones, 
Keenan, 
Latimer, 
Lee, 
Lesesne, 
Macbeth, 
Martin, 
Melchers, 
Melton, 
Milling, 
MiUs, Jr.] 
McCanley, 
McDuffie, 
McGowan, 
Mclver, 
McMaster, 
McMichael, 
Mobley, 
Moore, 
Morgan, ; 
Moses, 
Muldrow, 
Norwood. 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S. 
Porter, 
Ravenel, 
Reaves, 
Reed, 

Richardson, 
Rion, 

Robertson, 
Rose, 
Ross, 
Schnierle, 
Sheridan, 
Skipper, 



JOURNAL OF THE CONVENTION, 97 

Messrs. Sinionton, Messrs. Wagoner, 

Sims, Wallace, Win. 

Smart, Wallace, W. H. 

Sullivan , Weatlierley, 

Summer, Whetstone, 

Stewart, Wilson, John 

Taylor, Wilson, W. T. 

Thomson, Thos. Winsmith, 

Thompson, J. G. Wylie, 

Tillman, Youmans. 

The Journal of yesterday's proceedings was read. 

The following additional member appeared, produced his credentials, 
and enrolled his name as a member of the Convention : 

From St. Johns BerJceh/ — Mr. John G\ Gaillard. 

Mr. McIVER, from the Committee on the Legislative Department, made 
a report on resolution proposing an additional clause to the oath required 
of persons elected members of the General Aasembly ; which was ordered 
for consideration on Monday next. 

Mr. FURMAN, from the Committee of Ways and Means, made a report 
on resolution as to providing for the expenses of the Convention ; which 
was ordered for consideration on Monday next. 

On motion of Mr. BOYCE, the order for a daily recess of the Convention 
was suspended for this day. 

Mr. BOYCE introduced the following resolution ; which was considered 
immediately and was agreed to : 

Resolved, That a Revisory Committee of five be appointed, to whom 
shall be referred all Constitutional provisions agreed to by the Convention. 

Whereupon the President announced Messrs. Inglis, Orr, Lesesne, 
Dudley and Dawkins of the Committee. 

Mr. J. G. THOMPSON introduced the following resolution, which was 
agreed to : 

Resolved, That the Committee on Ordinances and Resolutions bo 
requested to examine into the effect of that proviso in the sections recit- 
ing the qualifications of members of the General Assembly, requiring a six 
montha residence, for the purpose of ascertaining whether those citizens of 
the sea coast division of th© State, who have been obliged by the casualties 
13 



98 SATUEDAY, SEPTEMBEK 23. 

of war to remove from their Districts, will thereby be disqualified from 
holding said office. 

The Convention resumed the consideration of the report of the Com- 
mittee on the Executive Department on various matters referred. 

Mr. BLACK moved to strike out the tenth section, and the question 
being put, will the Convention agree thereto ? it passed in the affirmative. 
Yeas, 72 ; nays, 39. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



Messrs. Ball, 


Messrs. Gourdin, 


Barnett, 


Hammond, 


Black, 


Hemphill, 


Blair, 


Herndon, 


Boiling, 


James, 


Boozer, 


Johnson, 


Boyd, 


Jones, : 


Brabham, 


Keenan, 


Bratton, . 


Latimer, 


Bryce, 


Lee, 


Byrd, 


Milling, 


Campbell, 


Mills, Jr. 


Cannon, 


McCauley, 


Carlisle, 


. McDuffio, 


Chisoim, 


Mclver, 


Coogan, 


McMichael, 


Conner, 


Mobley, 


Dawkins, 


Moore, 


DeLettre, 


Morgan, 


Dozier, 


Moses, 


Dudley, 


Muldrow, 


Dunovant, 


Norwood, 


DuPre, 


Porter, 


Evins, 


Keaves, 


Farrow, 


Eeed, 


Fishburne, 


Eichardson, 


Fox, 


Bose, 


Frierson, 


Sheridan, 


Goodwyn, A. D. 


Skipper, 


Goodwyn, T. Jj 


Sims, 



JOURNAL OF THE CONVENTION, 



99 



Messrs. Sullivan, 
Summer, 
Stewart, 
Taylor, 

Thomson, Tlios. 
Wagoner, 



Messrs. Wallace, Wm, 
Wallace, W. H 
Weatherly, 
Wilson, W. T 
Winsmith, 
Youmans. 



Those who voted in the negative are 

Hon. D. L. Wakdlaw, President, and 



Messrs. Aldrich, 
Andrews, 
Beatty, 
Boyce, 
Brailsford, 
Dunkin, B. F. 
Dwight, 
Furman, 
GaiUard, J. G. 
Gaillard, P. C. 
Gilliland, 
Hearst, 
Henery, 
Huger, 
Inglis, 
Lesesne, 
Macbeth, 
Martin, 
Melehers, 



Messrs. Melton, 

McGowan, 
McMaster, 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S. 
. Bavenel, 
Bion, 

Robertson, 
Ross, 
Schnierle, 
Simonton, 
Smart, 

Thompson, J. G. 
Tillman, 
Whetstone, 
Wilson, John, 
Wylie. 



So the section was stricken out. • 

On motion of Mr. ORR, the eleventh section was stricken out. 

The report was then agreed to and was referred to the Revisory Com- 
mittee. 

The report of the Committee on the Legislative Department was referred 
to the Revisory Committee. 

MR. RION introduced the following resolution, which was agreed to : 

Resolved, That it be referred to the Committee on the Executive De- 
partment to inquire and report upon the propriety of giving to the Gover- 
nor a qualified veto, 



100 SATUEDAY, SEPTEMBER 23. 

Mr. DUDLEY, from the Committee on Amendments to the Constitu- 
tion, made a report on general Articles not specially reported by the Com- 
mittees on the Legislative, Judicial or Executive Departments ; which was 
ordered to be printed, and to be laid on the table. 

Mr. ORR offered the following resolution, which was ordered for con- 
sideration on Monday next, and to be printed : 

Resolved, That the Secretary of State, Comptroller-General and Trea- 
surer shall be elected by the qualified votes of the State, at the same gene- 
ral election when the Governor and Lieutenant-Governor are elected. 

The Convention proceeded to the consideration of the report of the 
Committee on the Judicial Department on an Ordinance to declare in 
present force the Constitution and Laws, &c. ; also, 

The report of the same Committee on sundry resolutions relative to the 
creation of certain Courts. The reports w T ere agreed to, and were referred 
to the Revisory Committee. 

The Convention proceeded to the consideration of the report of the 
Committee on the Judiciary on resolution as to colored persons being per- 
mitted to testify in certain cases ; which was made the Special Order of the 
Day for Monday next, at 11 o'clock A. M. 

The report of the same Committee, on a proposition that the Judges 
and Chancellors be appointed by the Governor, subject to the confirma- 
tion of the Senate, was agreed to. 

On motion of Mr. HAMMOND, the Convention proceeded to the con- 
sideration of the report on ordinances and resolutions, on resolutions indi- 
cating a national policy. The Special Order was discharged, and the same 
was made the Special Order of the Day for Monday next, at 1 o'clock P. M. 

On motion of Mr. McGOWAN, the addition offered by him to the 4th 
section of the ordinance to declare' in force the Constitution and laws here- 
tofore in force, &c. ; was ref erred to the Committee on the Judicial Depart- 
ment. 

Mr. MELTON introduced an ordinance to provide for the first ensuing 
election of Governor and Lieutenant-Governor, and for Members of the 
first ensuing General Assembly of the State of South Carolina; which 
was ordered to be printed, and to be laid on the table. 

Mr. JONES introduced the following resolution * which was referred to 
the Committee on Amendments to the Constitution : 

Resolved, That hereafter there shall be a capitation tax laid, by the Gene- 



JOUKNAL OF THE CONVENTION, 101 

ral Assembly, on all male inhabitants of this State between the ages of 
twenty -one and fifty years, which shall never be less than one-fourth of the 
tax laid on one hundred dollars worth of land. 

Mr. BLACK introduced the following resolution ; which was referred to 
the Committee on Amendments to the Constitution : 

Resolved, That the General Assembly is forever hereafter prohibited from 
exempting the property of any corporation, association or individual from 
taxation. 

On motion of Mr. EVINS, the Convention was adjourned at fifteen 
minutes past 3 o'clock P. M. 

JOHN T, SLOAN, 

Clerk of the Convention. 



MONDAY, SEPTEMBER 25, 1865. 

At the hour to which the Convention was adjourned, the PRESIDENT 
took the Chair, and the proceedings were opened with prayer by Rev. Dr. 
Howe. 

The Clerk called the roll, when the following members answered to their 
names : 

Messrs. Aldrich, Meiers. Boyd, 

Andrews, Brailsford, 

Ball, Bratton, 

Barnett, Bryce, 

Beatty, Bull, 

Black, Byrd, 

Blair, Campbell, 

Boiling, Cannon, 

Boozer, Carlisle, 

Boyce, Chisolm, 



102 



MONDAY, SEPTEMBEK 25. 



Messrs. Coogan, 
Conner, 
Dawkins, 
DeLettre, 
Dozier, 
Dudley, 
Dunkin, 
Dunovant, 
DuPre, 
D wight, 
Evins, 
Farrow, 
Fishburne, 
Fox, 

Frierson, 
Frost, 
Furman, 

Gaillard, John G. 
GaiUard, P. C. 
Gilliland, 
Goodwyn, A. D. 
Goodwyn, T. J. 
Gourdin, 
Hammond, 
Hearst, 
Hemphill, 
Henery, 
Herndon, 
Huger, 
Inglis, 
James, 
Johnson, 
Jones, 
Keenan, 
Latimer, 
Lee, 
Lesesne, 
Macbeth, 
Martin, 
Melonex's," 



Messrs. Melton, 
Milling, 
Mills, Jr. 
McCauley, 
McDuffie, 
McGowan, 
Mclver, 
McMaster, 
McMichael, 
Mobley, 
Moore, 
Morgan, 
Moses, 
Muldrow, 
Norwood. 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S. 
Porter, 
Eavenel, 
Eeaves, 
Keed, 

Eichardson, 
Eion, 
Eobertson, 
Eose, 
Eoss, 
Schnierle, 
Sheridan, 
Skipper, 
Simonton, 
Sims, 
Smart, 
Sullivan, 
Summer, 
Stewart, 
Taylor, 

Thompson, J. G. 
Thomson, Thos, 



JOUKNAL OF THE CONVENTION, 103 

Messrs. Tillman, Messrs. Wilson, John 
Wagener, Wilson, W. T. 

Wallace, W. H. Winsmith, 

Wallace, Wm. Wylie, 

Weatherley, Youmans. 

The Journal of yesterday's proceedings was read. 

Mr. THOS. THOMSON introduced the following resolution ; which 
was considered immediately and was agreed to : 

Resolved, That a Commission, consisting of two persons, be appointed 
by His Excellency the Provisional Governor, to prepare and report to the 
next Legislature what laws will be necessary and proper in consequence of 
the alterations made in the fundamental law, and especially to r>repare and 
submit a code for the regulation of labor and the protection and govern- 
ment of the colored population of the State ; and that the Legislature fix 
the compensation of said Commissioners. 

Mr. DUDLEY, from the Committee on Amendments to the Constitu- 
tion, made a report on resolution as to the basis of a capitation tax ; which 
was considered immediately. 

The report was ordered to be laid on the table and the resolution taken 
up for consideration. 

Mr. BOYCE moved that the consideration of the resolution be indefi- 
nitely postponed ; and the question being put, will the Convention agree 
thereto ? it passed in the negative. 

Yeas, 20 ; nays, 85. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 

Hon. D. L. Wakdlaw, President, and 

Messrs. Andrews, Messrs. Farrow, 

Barnett, Fox, 

Boiling, • Frierson, 

Boyce, Hearst, 

Boyd, Hemphill, 

Bryce, Latimer, 

Byrd, Perry, 

Cannon, Thompson, J. G. 

Carlisle, Winsmith. 
Dudley, 



10* MONDAY, SEPTEMBER 25. 

Those who voted in the negative are 



Messrs. Aldrich, 


Messrs. Melton, 


Ball, 


Milling, 


Beatty, 


Mills, Jr. 


Black, 


McCauley, 


Blair, 


McDuflie, 


Brailsford, 


McGowan, 


Bratton, 


Mclver, 


Bull, 


McMaster, 


Campbell, 


McMichael, 


Chisolm, 


Mobley, 


Coogan, 


Moore, 


Conner, 


Morgan, 


Dawkins, 


Moses, 


DeLettre, 


Muldrow, 


Dozier, 


Norwood, 


Dunkin, 


Orr, 


Dunovant, 


Pickens, E. W. 


DuPre, 


Pickens, W. S. 


Dwight, 


Porter, 


Evins, 


Keaves, 


Frost, 


Beed, 


Eurman, 


Bichardson, 


Gaillard, J. G. 


Kion, 


Gaillard, P. C. 


Bobertson, 


Gilliland, 


Bose, 


Goodwyn, T. J. 


Boss, 


Gourdin, 


Schnierle, 


Hammond, 


Sheridan, 


Henery, 


Skipper, 


Herndon, 


Simonton, 


Huger, 


Sims, 


Inglis, 


Smart, 


James, 


Sullivan, 


Johnson, 


Summer, 


Jones, 


Stewart, 


Keenan, 


Taylor, 


Lee, 


Thomson, Thos. 


Lesesne, 


Tillman, 


Macbeth, 


Wagener, 


Melchers, 


Wallace, Wm. 



JOURNAL OF THE CONVENTION, 105 

Messrs. Wallace, W. H. Messrs. Wylie, 

Wilson, John Youmans. 

Wilson, W. T, 

The resolution having been amended so as to read, as follows : 

' * Hereafter, there shall be a capitation tax laid by the General Assembly, 
which, upon each poll, shall never be less than one-fourth of the tax laid 
on one hundred dollars' worth of land ; it being left to the General Assem- 
bly to determine what inhabitants of the State shall be excepted from the 
operation of the law ;" was then agreed to, and was referred to the Revi- 
sory Committee. 

Mr. FRIERSON, from the Committee on Amendments to the Constitu- 
tion, made a report on resolutions prohibiting the General Assembly from 
exempting certain property from taxation ; which was ordered to be laid 
on the table. 

Mr. SIMONTON, from the Committee on the Executive Department, 
made] a report on resolution of inquiry, as to the propriety of giving the 
Governor a qualified veto; which was made the Special Order of the Day 
for this day, at 7 o'clock P. M. 

Mr. F. W. PICKENS introduced the following as a section for the Con- 
stitution ; which was referred to the Committee on Amendments to the 
Constitution : 

11 For debts hereafter contracted, no real estate shall be subject to levy 
or execution ; but this shall not be construed so as to prevent any legal 
process against the rents and profits of the same." 

Mr. INGLIS, from the Committee on the Legislative Department, made 
a report on the article prescribing the qualifications of voters ; which was 
considered immediately, was agreed to, and was referred to the Revisory 
Committee. 

On motion of Mr. DUDLEY, the Convention proceeded to the conside- 
ration of the report of the Committee on Amendments to the Constitution, 
on general articles not specially reported on by the Committees on the 
Legislative, Judicial or Executive Departments. 

On motion of Mr. INGLIS, the Convention resolved itself into a Com-» 
mittee of the Whole, Mr. Sullivan in the Chair. 

The PRESIDENT resumed the Chair. 

Mr. INGLIS offered the following section • 
14 



106 MONDAY, SEPTEMBEE 25. 

Every person restrained of his liberty ought to have prompt inquiry of 
competent authority into the cause of such restraint, and if the restraint 
should be found to be wholly illegal, he should be at once unconditionally 
discharged ; if he should be found to be held upon sufficient warrant of law 
for criminal matter, he should be discharged on reasonable bail ; unless 
when he is held to answer for a capital offence, when the proof is eviden* 
or the presumption great ; therefore, upon petition alleging restraint of 
liberty, it shall be the duty of every Judge of Law or Equity in this State 
to grant to the petitioner a writ of habeas corpus, returnable promptly, and 
upon return thereof, to hear, determine and order, according to these 
principles ; and this privilege of the writ of habeas corpus shall never be 
suspended. 

Mr. FKOST moved that all the section be stricken out except "This 
privilege of the writ of habeas corpus shall not be suspended ;" and the 
question being put, will the Convention agree thereto ? it passed in tho 
affirmative. 

Yeas, 70 ; nays, 31. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 

Hon. D. L. WABDiiAW, President, and 
Messrs. Aldrich, Messrs. DuPre, 

Ball, Dwight, 

Beatty, Evins, 

Black, Fishburne, 

Blair, Frierson, 

Boyd, Frost, 

Brailsford, Furman, 

Bratton, Gaillard, J. G. 

Bryce, Gilliland, 

Byrd,J Gourdin, 

Carlisle, Hearst, 

Conner, # Huger, 

Dawkins, James, 

PeLettre, Johnson, 

Dozier, Jones, 

Dudley, Latimer, 

Dunkin, Lee, 

Dunovant, Lesesne, 



JOURNAL OF THE CONTENTION, 



107 



Messrs. Macbeth, 
Melton, 
Mills, Jr. 
McDuffie, 
MeGowan, 
MeMaster, 
McMichael, 
Mobley, 
Moore, 
Moses, 
Muldrow, 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S 1 , 
Eeaves, 
Eeed, 



Messrs. Richardson, 
Rion, 
Rose, 
Ross, 
Skipper, 
Sinionton, 
Sullivan, 
Stewart, 
Taylor, 

Thomson, Thos. 
Tillman, 
Wallace, Wm. 
Wilson, John 
Wilson, W. T. 
Winsmith, 
WyHe. 



Those who voted in the negative are 



Messrs. Andrews, 

Barnett, 

Boiling, 

Boozer, 

Boyce, 

Campbell, 

Cannon, 

Chisholm, 

Coogan, 

Farrow, 

Fox, 

Goodwyn, A. D. 

Goodwyn, T. J. 

Hammond, 

Hemphill, 

Henery, 
So the words were stricken out. 
The Convention receded from 
o'clock P, Iff, 



Messrs. Herndon, 
Inglis, 
Keenan, 
Mclver, 
Norwood, 
Porter, 
Ravenel, 
Robertson, 
Sheridan, 
Smart, 
Summer, 
Thompson, J. G. 
WaUace, W. H. 
Weatherly, 
Youmans. 



business at 3 o'clock P. M., until 7 



108 



MONDAY, SEPTEMBER 25. 
RECESS. 



The Convention resumed the consideration of the report of the Com" 
mittee on Amendments to the Constitution. 

Mr. WAGENER moved to strike out the tenth section, and the question 
being put, "will the Convention agree thereto ? it passed in the affirmative. 
Yeas, 61 ; nays, 38. 

The yeas and nays were requested and are as follows : 

Those who voted in the affirmative are 



Hon. D. 
Messrs. Andrews, 
BaU, 
Barnett, 
Beatty, 
Boyce, 
Boyd, 
Brailsford,3 
Bratton, 
Bryce, 
BuU, 
Carlisle, 
Chisolm, 
Coogan, 
Conner, 
Dawkins, 
Dunkin, 
Dunovant, 
Dwight, 
Farrow,| 
Frost, 
Furman, 
GaiUard, P. C. 
Goodwyn, A. D. 
Hammond, 
Henery, 
Herndon, 
Johnson, 
Keenan, 
Lee, 



L. Wabdlaw, President, and 
Messrs. Macbeth, 
Martin, 
Melchers, 
Melton, 
Mills, Jr> 
McGowan, 
McMaster, 
Mobley, 
Moore, 
Moses, 
Muldrow, 
Norwood, 
Orr, 
Perry, 
Ravenel, 
Richardson, 
Rion, 
Robertson, 
Simonton, 
Sims, 
Smart, 
Sullivan, 
Summer, 
Thompson, J. G. 
Thomson, Thos. 
Wagener, 
Wallace, Wm. 
Wallace, W. H. 
Wilson, John 
XomaaamL 



JOURNAL OF THE CONVENTION, 

Those "who voted in the negative are 



109 



Messrs. Aldrioh, 
Black, 
Blair, 
Boiling, 
Boozer, 
Byrd, 
Campbell, 
DeLettre, 
Dozier, 
Dudley, 
DuPre, 
Evins, 
Fishburne, 
Fox, 

Frier son, 
Gaillard, John G. 
Goodwyn, T. J. 
Hearst, 
Hemphill, 



Messrs. Inglis, 
James, 
Jones, 
Latimer, 
Milling, 
McCauley, 
McDuffie, 
Mclver, 
McMichael, 
Pickens, F. W. 
Pickens, "W. S. 
Porter, 
Keaves, 
Skipper, 
Tillman, 
Weatherly, 
Wilson, W. T. 
Winsmith, 
Wylie. 



So the section was stricken out. 

The report of the Committee on Amendments to the Constitution on 
resolution requiring a two-thirds vote as to exempt certain property from 
taxation ; was taken up in connection with the report under consideration. 

Mr. ANDBEWS moved that the report, with the clause recommended 
therein, be laid on the table, and the question being put, will the Conven- 
tion agree thereto ? it passed in the affirmative. 
Yeas, 61 ; nays, 39. 

The yeas and nays werejrequested and are as follows : 

Those who voted in the affirmative are 



Messrs. Aldrich, 
Andrews, 
Ball, 
Beatty, 
Boyce, 
Boyd, 
Brailsford, 



Messrs. Bratton," 
Byrd, 
Carlisle, 
Chisolm, 
Conner, 
Dawkins, 
DeLettre, 



110 



MONDAY, SEPTEMBEE 25. 



Messrs. Dozier, 
Dunkin, 



DuPre, 

Dwight, 

Fishburne, 

Frost, 

Furman, 

Gaillard, John G. 

GaiUard, P. C. 

Gill i land, 

Goodwyn, A. D. 

Hemphill, 

Henery, 

Inglis, 

James, 

Keenan, 

Lee, 

Lesesne, 

Martin, 

Melchers, 

Mills, 

McCauley, 

McDuffie, 

McGowan, 



Messrs. McMaster, 
Moore, 
Muldrow 
Norwood, 
Orr, 
Porter, 
Eavenel, 
Beaves, 
Eeed, 

Bichardson, 
Eion, 

Robertson, 
Simonton, 
Sims, 
Smart, 
Sullivan, 
Summer, 
Thompson, J. G. 
Wagener, 
Wallace, Win. 
Wallace, W. H. 
Wilson, W. T. 
Youmans. 



Those who voted in the negative are 

Hon. D. L. Wabdlaw, President, and 



Messrs 3 ! Bamett, t 
Black, 
Blair, 
Boiling, 
Boozer, 
Bryce, 
Bull, 
Coogan, 
Dudley, 
Dunovant, 
Evins, 
Farrow, 



Messrs. Fox, 

Frierson, 

Goodwyn, T. J. 

Hammond, 

Hearst, 

Herndon, 

Johnson, 

Jones, 

Latimer, 

Macbeth, 

Melton, 

Milling, 



JOURNAL OF THE CONVENTION, 111 

Messrs Mclver, Messrs. Skipper, 

McMichael, Thompson, Thos 

Mobley, Tillman, 

Moses, Weatherly, 

Perry, Wilson, John 

Pickens, F. W. Winsmitli, 

Pickens, W. S. Wylie. 

So the report and clause were ordered to be laid on the table. 
Mr. TILLMAN offered the following article : 

" Every charter of incorporation hereafter granted, renewed or modified 
by the General Assembly, shall, at all times, remain subject to amendment 
or repeal by the General Assembly." 

Mr. ROBERTSON moved that the article be laid on the table, and th e 
question being put, will the Convention agree thereto ? it passed in the 
affirmative. 

Yeas, 74; nays, 20. 

The yeas and nays were requested and are as follows : 

Those who voted in the affirmative are 

Hon. D. L. Waedlaw, President, and 
Messrs. Aldrich, Messrs. Dunovant, 

Andrews, DuPre, 

Ball, Dwight, 

Barnett, ' Farrow, 

Beatty, Friers on, 

Blair, Frost, 

Boiling, Gaillard, J. G. 

Boyce, Gaillard, P. C. 

Brailsford, Gilliland, 

Bratton, Goodwyn, A. D. 

Byrd, Hearst, 

Carlisle, Hemphill, 

Conner, Henery, 

Dawkins, Inglis, 

DeLettre, Jones, 

Dozier, Keenan, 

Dudley, Lee, 

Dunkin, Lesesne, 



112 



MONDAY, SEPTEMBER 25. 



Messrs. Macbeth, 
Martin, 
Melchers, 
Melton, 
Milling, 
Mills, Jr. 
McCanlej, 
McDunie, 
McGowan, 
Melver, 
McMaster, 
McMichael, 
Moore, 
Moses, 
Muldrow, 
Norwood, 
Orr, 
Perry, 



Messrs. Pickens, F. W. 
Ravenel, 
Reaves, 
Richardson, 
Rion, 

Robertson, 
Simonton, 
Smart, 
Sullivan, 
Summer, 
Thompson, J. G. 
Wagener, 
Wallace, Win. 
Wallace, W. H 
Wilson, John 
Wilson, W. T 
Win smith, 
Youmans. 



Those who voted in the negative are, 



Messrs. Black, 
Boozer, 
Boyd, 
Bryce, 
Chisolm, 
Coogan, 
Evins, 
Eox, 

Goodwyn, T. 
Hammond, 



Messrs. Herndon, 
James, 
Johnson, 
Latimer, 
Pickens, W. S. 
Porter, 
Skipper, 
Thomson, Thos, 
Tillman, 
Wylie. 



So the article was ordered to be laid on the table. 

The report was then agreed to, and was committed to the Revisory Com- 
mittee. 

SPECIAL ORDER. 

On motion of Mr. SIMONTON, the Convention proceeded to the con- 
sideration of the report of the Committee on the Legislative Department, 
on a resolution as to giving the Governor a qualified veto ; which has been 
made the Special Order of the Day, for this day, at 7 o'clock, P. M. And 



JOURNAL OF THE CONVENTION, 



113 



the question being put, will the Convention agree to the report ? it passed 
in the negative. 

Yeas, 42 ; nays, 50 s 

The yeas and nays were requested and are as follows : 

Those who voted in the affirmative are 



Hon 


D. 


L. 


Waedlaw, 


President, and 


Messrs. Aldrich, 








Messrs. 


Keenan, 


Beatty, 












Lesesne, 


Black, 












Melchers, 


Blair, 












Melton, 


Boiling, 












Mills, Jr. 


Boozer, 












McMaster, 


Boyce, 












Moore, 


Brailsford, 












Orr, 


Coogan, 












Perry, 


Conner, 












Ravenel, 


Dawkins, 












Rion, 


DeLettre, 












Robertson, 


Dwight, 












Simonton, 


Fox, 












Smart, 


Gaillard, J. G 












Summer, 


Gilliland, 












Thompson, J. G. 


Goodwyn, T. 


J. 










Wagener, 


Hammond, 












Wilson, John 


Hemphill, 












Wylie, 


Henery, 












Youmans. 


Inglis, 














Those who voted in 


the negative are 






Messrs. Andrews, 








Messrs 


. Dozier, 


Ball, 












Dudley, 


Barnett, 












Dunovant, 


Boyd, 












DuPre, 


Bratton, 












Evins, 


Bryce, 












Frierson, 


Byrd, 












Frost, 


Carlisle, 












Furman, 


Chisolm, 












Gaillard, P. 0. 


15 















114 



MONDAY, SEPTEMBEK 25. 



Messrs. Hearst, 

Herndon, 

James, 

Johnson, 

Jones, 

Latimer, 

Lee, 

Macbeth, 

Milling, 

McCauley, 

McDuflie, 

McGowan, 

Mclver, 

McMichael, 

Mobley, 

Moses, 



Messrs. Muldrow, 
Norwood, 
Pickens, F.*W. 
Pickens, W. S. 
Porter, 
Eeaves, 
Eichardson, 
Sheridan, 
Skipper, 
Sullivan, 
Thomson, Thos. 
Tillman, 
Wallace, Win. 
Wallace, W. H. 
Wilson, W. T. 
Winsmith. 



So the report was not agreed to. 

On motion of Mr. DAWKINS, leave of absence for the remainder of the 
session was granted to Mr. Eeed, on account of indisposition in his family. 

SPECIAL OEDEE, 1 O'CLOCK, P. M. 

On motion of Mr. MOSES, the Convention proceeded to the considera- 
tion of the report of the Committee on the Judicial Department, relative 
to colored persons being permitted to testify in certain cases ; which had 
been made the Special Order of the Day, for this day, at 11 o'clock A. M. • 
and 

On motion of Mr. MOSES, the Special Order was discharged, and the 
same was made the Special Order of the Day for to-morrow, at 12 o'clock M. 

On motion of Mr. SULLIVAN, the Convention was adjourned at forty- 
five minutes past 10 o'clock P. M. 

JOHN T. SLOAN, 

Clerk of the Convention. 



JOURNAL OF THE CONVENTION, 



115 



TUESDAY, SEPTEMBER 26, 1865. 

At the hour to which the Convention was adjourned, the PRESIDENT 
took the Chair, and the proceedings were opened with prayer by Rev. Mr. 
Pringle. 

The Clerk called the roll, when the following members answered to their 
names : 



Messrs. Aldrich, 
Andrews, 
Ball, 
Barnett, 
Beatty, 
Black, 
Blair, 
Boiling, 
Boozer, 
Boyce, 
Boyd,' 
Brailsford, 
Bratton, 
Bryce, 
Bull, 
Byrd, 
Campbell, 
Cannon, 
Carlisle, 
Chisolm, 



Messrs. Coogan, 
Conner, 
Dawkins, 
DeLettre, 
Dozier, 
Dudley, 
Dunkin, 
Dunovant, 
DuPre, 
Dwight, 
Evins, 
Farrow, 
Fishburne, 
Fox, 

Frierson, 
Frost, 
Furman, 

Gaillard, John G. 
Gaillard, P. C, 
Gilliland, 



116 



TUESDAY, SEPTEMBEK 26. 



Messrs. Goodwyn, A. D. 
Goodwyn, T. J. 
Gourdin, 
Hammond, 
Hearst, 
Hemphill, 
Henery, 
Herndon, 
Huger, 
Inglis, 
James, 
Johnson, 
Jones, 
Keenan, 
Latimer, 
Lee, 
Lesesne, 
Macbeth, 
Martin, 
Melchers, * 
Melton, 
Milling, 
MiUs, Jr. 
McCauley, 
McDuffie, 
McGowan, 
Mclver, 
McMaster, 
McMichael, 
Mobley, 
Moore, 
Morgan, 
Moses, 
Muldrow, 
Norwood, 



Messrs. Orr, 

Perry, 

Pickens, F. W. 

Pickens, W. S. 

Porter, 

Kavenel, 

Reaves, 

Kichardson, 

Rion, 

Robertson, 

Rose, 

Ross, 

Schnierle, 

Sheridan, 

Skipper, 

Simonton, 

Sims, 

Smart, 

Sullivan, 

Summer, 

Stewart, 

Taylor, 

Thompson, J. G. 

Thomson, Thos. 

Tillman, 

Wagener, 

Wallace, W. H. 

Wallace, Wm. 

Weatherley, 

Wilson, John 

Wilson, W. T. 

Winsmith, 

Wylie, 

Youmans. 



The Journal of yesterday's proceedings was read. 

Mr. ROBERTSON introduced the following resolutions, which were 
considered immediately and were agreed to : 

Besolved, That the Clerk of this Convention be charged with the super- 



JOUKNAL OF THE CONVENTION, 117 

vision of the printing of the Journal, Reports, Resolutions and Ordinances 
adopted by this Convention, in permanent form ; that he prepare and have 
printed with the same a complete index, and that he be also charged with 
the distribution of the same, under the direction of the President ; that he 
also shall prepare and have substantially bound, a correct manuscript copy 
of the Journal, to be deposited in the Secretary of State's office. 

Resolved, That the Clerk be paid for said services and for services as 
Clerk of the Convention the same salary as was paid the Clerk of the House 
of Representatives in 1860. 

On motion of Mr. FURMAN, the Convention proceeded to the considera- 
tion of the report of the Committee of Ways and Means on resolutions as 
to providing for the expenses of the Convention. 

The report and accompanying Ordinance was agreed to, and the Ordi- 
nance was committed to the Engrossing Committee. 

Mr. INGLIS, from the Revisory Committee, made a report on matters 
submitting a draft of the Constitution. 

Mr. ANDREWS offered the following amendment, as a section for the 
Constitution : 

Section 21. Every Bill which shall have passed, the General Assembly, 
shall, before it become a law, be presented to the Governor ; if he approve, 
he shall sign it ; but if not, he shall return it, with his objections, to that 
House in which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If after such recon- 
sideration a majority of the whole representation of that House shall agree 
to pass the Bill, it shall be sent, together with the objections, to the other 
House, by which it shall likewise be reconsidered, and if approved by a 
majority of the whole representation of that other House, it shall become 
a law. But in all such cases the votes of both Houses shall be determined 
by yeas and nays, and the names of the persons voting for and against the 
Bill shall be entered on the journal of each House respectively. If any 
Bill shall not be returned by the Governor within two days (Sundays ex- 
cepted) after it shall have been presented to him, the same shall be a law 
in like manner as if he had signed it. And, that time may always be al- 
lowed the Governor to consider Bills passed by the General Assembly, 
neither House shall read any Bill on the last day of its session, except such 
Bills as have been returned by the Governor as herein provided. 

And the question being put, will the Convention agree thereto ? it passed 
m the affirmative* 



118 



TUESDAY, SEPTEMBEB 26. 



Yeas, 59 ; nays, 47. 
The yeas and nays were requested, and are as follows : 
Those who voted in the affirmative are 



Hon. D. 


L. 


WakdijAW, President, and 


Messrs. Aldrich, 






Messrs. Latimer, 


Andrews, 






Lesesne, 


Beatty, 






Macbeth, 


Blair, 






Martin, 


Boiling, 






Melchers, 


Boozer, 






Melton, 


Boyce, 






Mills, Jr. 


Brailsford, 






McGowan* 


Coogan, 






McMaster, 


Conner, 






Moore, 


Dawkins, 






Norwood, 


Dunkin, 






Orr, 


Evins, 






Perry, 


Farrow, 






Pickens, W. S. 


Fox, 






Kavenel, 


Furman, 






Bichardson, 


Gailiard, John G. 






Biou, 


GiUiland, 






Bobertson, 


Goodwyn, T. J. 






Bose, 


Gourdin, 






Boss, 


Hammond, 






Simonton, 


H~arst, 






Smart, 


Hemphill, 






Summer, 


He.uery, 






Taylor, 


Hernuon, 






Thompson, J. G. 


. II iger, 






Wagener, 


Inglis, 






Wilson,. John 


Jqhnson fl 






Wylie, 


Keenan, 






Youmans. 


Those who voted in the 


negative 


are 


Messrs. Bill, 






Messrs. Bratton, 


Bajraett, 






Bryce, 


Mack, 






Byrd, 


Boyd, 






Campbell, 



JOUKNAL OF THE CONTENTION, 



119 



Messrs. Carlisle, 
Clrisolm, 
DeLettre, 
Dozier, 
Dudley, 
Dunovant, 
DuPre, 
Dwight, 
Fishburne, 
Frierson, 
Frost, 

Gaillard, P. C. 
Goodwyn, A. D. 
James, 
Jones, 
Lee, 
Milling, 
McCauley, 
McDuffie, 
Mdver, 



Messrs. McMichael, 
Mobley, 
Moses, 
Muldrow, 
Pickens, F. W. 
Porter, 
Eeaves, 
Sheridan, 
Skipper, 
Sims, 
Sullivan, 
Stewart, 

Thomson, Thos. 
Tillman, 
Wallace, Wm. 
Wallace, W. H. 
Weatherley, 
Wilson, W. T. 
Winsmith. 



So the Section was agreed to. The report Wa3 then agreed to, and the 
Constitution committed to the Engrossing Committee, and 5 DO copies were 
ordered to be printed 

The PRESIDENT laid before the Convention the following communica- 
tion : 

Cashier Valley, North Carolina, September 11, 1S65. 
To the President of the Convention of South Carolina. 

Sir : I have heard, though not officially, that I have been elected a mem- 
ber of the Convention from Kichland District, and I wri.t3 to say chat I 
shall do myself the honor to take my seat as soon as I can reach Colambiu. 
Unfortunately my means of transportation are just at present not in a con- 
dition to be used, but I hope to have them available very soon. 
I have the honor to be, very respectfully, yours, 

WADE HAMPTON. 

Mr. MACBETH, from the Committee on Amendments to the Constitu- 
tion, made an unfavorable report on resolution as to exempting real estate 
from levy and sale ; which was considered immediately. 

Mr. JAMES moved that the report and accompanying resolution be laid 



120 



TUESDAY, SEPTEMBER 26. 



on the table. And the question being put, will the Convention agree there- 
to ? it passed in the affirmative. 

Yeas, 75 ; nays, 23. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



Hon. D. 
Messrs. Aldrich, 
Andrews, 
Barnett, 
Boiling, 
Boozer, 
Boyce, 
Boyd, 
Brailsford, 
Bratton, 
Bryoe, 
Carlisle, 
Coogan, 
Conner, 
Dawkins, 
Dozier, 
Dudley, 
Dunkin, 
DuPre, 
Dwight, 
Evins, 
Farrow, 
Fishburn*, 
3?ox, 

Frierson, 
Frost, 

Gaillard, John G. 
Gaillard, P. C. 
Gourdin, 
Hearst, 
Hemphill, 
Henery, 
Herndon, 
Huger, 



L. Wabdlaw, President, and 
Messrs. Inglis, 
James, 
Keenan, 
Lee, 
Lesesne, 
Macbeth, 
Martin, 
Melchers, 
Milling, 
Mills, Jr. 
McDuffie, 
McGowan, 
Mclver, 
McMaster, 
McMichael, 
Moore, 
Moses, 
Muldrow, 
Orr, 

Pickens, W. S 
Ravenel, 
Beaves, 
Richardson, 
Rion, 

Robertson, 
Rose, 
Schnierle, 
Simonton, 
Sims, 
Smart, 
Sullivan, 
Taylor, 
Thompson, J. G. 



JOURNAL OF THE CONVENTION, 121 

Messrs. Thomson, Thos. Messrs. Wilson, John 
Wagoner, Wilson, W. T. 

Wallace, Win. Winsmith, 

Wallace, W. H. Wylie. 

Those who voted in the negative are 

Messrs. Beatty, Messrs. Melton, 

Black, McCauley, 

Blair, Mobley, 

Campbell, Pickens, F. W. 

Cannon, Ross, 

Chisholm, Sheridan, 

Dunovant, Skipper, 

Goodwyn, A. D. Summer, 

Goodwyn, T. J. Stewart, 

Hammond, Tillman, 

Johnson, Youraans. 
Jones, 

So the report and accompanying resolution were ordered to be laid on 
the table. 

Mr. LESESNE, from the Judicial Department, made a report on the 
proposed addition to the 14th Section of an Ordinance to declare in presen^ 
force the Constitution and Laws heretofore enforced ; which was ordered to 
be laid on the table. 

SPECIAL ORDER. 

On motion of Mr. LESESNE, the Convention proceeded to the coel 
sideration of the report of the Committee on the Judiciary on resolution 
as to colored persons being permitted to testify in certain cases ; which had 
been made the Special Order of the Day for this day, at 12 o'clock M. 

Also, resolution by Mr. MACBETH, relative to the same subject. 

Mr. MOSES moved that the report and accompanying resolutions and 
ordinance proposed, be referred to the Commission to be appointed by tho 
Provisional Governor, and the question being put, will the Convention 
agree thereto ? it passed in the affirmative. 

Yeas, 98 ; nays, 3. 

The yeas and nays were requested and are as follows : 

Those who voted in the affirmative are 
16 



122 



TUESDAY, SEPTEMBEK 26. 



Hon. D. 

Messrs. Aldrich,. 

Andrews, 

Barnett, 

Beatty, 

Blair, 

Boiling, 

Boozer, 

Boyce, 

Boyd, 

Brailsford, 

Bratton, 

Bryce, 

Byrd, 

Campbell, 

Cannon, 

Carlisle, 

Chisolm, 

Coogan, 

Conner, 

Dawkins, 

DeLettre, 

Dozier, 

Dudley, 

Dunkin, 

Dunovant, 

DuPre, 

Dwight, 
6 Evins, 

Farrow, 

Fishburne, 

Fox, 

Frierson, 

Furman, 

Gaillard, J. G. 

Gaillard, P. C. 

Goodwyn, A. D. 

Goodwyn, T. J 

Gourdin, 

Hearst, 



L. Wjlkdlaw, President, and 
Messrs. Hemphill, 
Henery, 
Herndon, 
Huger, 
Inglis, 
James, 
Johnson, 
Jones, 
Keenan, 
Latimer, 
Lee, 
Lesesne, 
Macbeth, 
Martin, 
Melchers, 
Melton, 
Milling, 
Mills, Jr. 
McCauley, 
McDuffie, 
% McGowan, 

Mclver, 
McMaster, 
McMichael, 
Mobley, 
Moore, 
Moses, 
Mnldrow, 
Norwood, 
Orr, 

Pickens, F. W. 
Pickens, W. S. 
Porter, 
Raven el, 
Keaves, 
Richardson, 
Rion, 

Robertson, 
Rose, 



JOURNAL OF THE CONVENTION, 123 

Messrs. Schnierle, Messrs. Thomson, Thos. 

Sheridan, Tillman, 

Skipper, Wagener, 

Simonton, Wallace, Wm. 

Sims, Wallace, W. H 

Smart, Wilson, John 

Sullivan, Wilson, W. T 

Summer, Winsmith, 

Stewart, Youmans. 
Taylor, 

Those who voted in the negative are 

Messrs. Frost, Messrs. Wylie. 

Thompson, J. G. 

So the motion was agreed to. 

The Convention receded from business at 3 o'clock P. M. until 7 o'clock 
P. M. 

RECESS. 

The PRESIDENT resumed the Chair. 

Mr. DAWKINSj from the Committee on Ordinances and Resolutions, 
made a report on resolution in relation to the residence required as a 
qualification for a member of the General Assembly ; which was consid- 
ered immediately and was agreed to. 

On motion of Mr. MELTON, the Convention proceeded to the considera- 
tion of an Ordinance to provide for the first ensuing election of Governor 
and Lieutenant-Governor and for members of the first ensuing General 
Assembly of the State of South Carolina. 

The Ordinance, after having been amended, was passed, and was ordered 
to be committed to the Engrossing Committee. 

On motion of Mr. DUNKIN, the Convention proceeded to the considera- 
tion of the report of the Special Committee on resolution as to the repre- 
sentation of this State in the Congress of the United States. 

Mr. BOLLING moved that the report be recommitted to the Committee, 
with instructions to provide for five instead of four members in the next 
Congress, on the basis recognized by the Constitution of the United States. 

Mr. DOZIER moved that the motion be laid on the table ; and the 
question being put, will the Convention agree thereto ? it passed in the 
affirmative. 



124 



TUESDAY, SEPTEMBER 26. 



Yeas, s)8 ; nays, 1. 
The yeas and nays were requested and are as follows : 
Those who voted in the affirmative are 



Hon. D. 
Messrs. Aldrich, 
Ball, 
Barnett, 
Beatty, 
Black, 
Blair, 
Boozer, 
Boyce, 
Boyd, 
Brailsford, 
Bratton, 
Bryce, 
Campbell, 
Caunon, 
Carlisle, 
Chisolm, 
Coogan, 
Conner, 
Dawkins, 
DeLettre, 
Dozier, 
Dudley, 
Dunkin, 
Dunovant, 
DuPre, 
Dwight, 
Evins, 
Farrow, 
Fishburne, 
Fox, 

Frierson, 
Frost, 
Furman, 

Gaillard, John G. 
Gaillard, P. C. 
Goodwyn, A. D. 



L. Wakdlaw, President, and 

Messrs. Goodwyn, T. J. 
Hammond, 
Hearst, 
Hemphill, 
Henery, 
Herndon, 
Huger, 
Inglis, 
James, 
Johnson, 
Jones, 
Keenan, 
Lee, 
Lesesne, 
Macbeth,* 
Martin, 
Melchers, 
Melton, 
Milling, 
Mills, 
McCauley, 
McDuffie, 
McGowan, 
Mclver, 
McMaster, 
McMichael, 
Mobley, 
Moore, 
Moses, 
Muldrow 
Norwood, 
Orr, 
Perry, 

Pickens, F. W. 
Pickens, W. S. 
Porter, 



JOURNAL OF THE CONVENTION, 125 

Messrs. Ravcnel, Messrs. Taylor, 

Reaves, Thompson, J. G. 

Richardson, Thompson, Thos 

Rion, Tillman, 

Robertson, Wagener, 

Ross, Wallace, Wm. 

Skipper, Wallace, W. H. 

Simon ton, Weatherly, 

Sims, Wilson, Jphn 

Smart, Wilson, W. T. 

Sullivan, Winsmith, 

Summer, Wylie. 

Stewart, Youmans. 

Mr. Boiling voted in the negative. 

So the motion was ordered to be laid on the table. 

The report was then agreed to, and was recommitted to the Committee, 
with instructions to report an Ordinance in conformity with the report. 

Mr. CONNER, from the Special Committee, submitted memorials to his 
Excellency the President of the United States in behalf of Hon. Jefferson 
Davis, of Mississippi, and Hon. A. H. Stevens, of Georgia ; also, in behalf 
of Hon. A. G. Magrath and Hon. George A. Trenholm, citizens of South 
Carolina ; which were considered immediately, were unanimously agreed to, 
and were referred to the Engrossing Committee. 

Mr. CONNER presented the following resolution, which was considered 
immediately and was agreed to : 

Resolved, That Hon. D. L. Wardlaw, Hon. Alfred Huger and Hon. T. N. 
Dawkins, be a Committee to present to His Excellency the President of the 
United States, the memorials of the Convention in behalf of the Hons. 
Jefferson Davis and A. H Stephens, and of the Hons. A. G. Magrath and 
George A. Trenholm, and that the expenses of said Committee be defrayed 
out of the funds raised under the Ordinance of this Convention. 

On motion of Mr. McGOWAN, the Convention proceeded to the conside- 
ration of the report of the Committee on the Judicial Department on an 
Ordinance to declare in present force the Constitution and Laws heretofore 
in force, &c. ; also, the resolutions submitted by Mr. McGowan on the 
same subject. 



126 WEDNESDAY, SEPTEMBER 27. 

On motion of Mr. RION, the same was made the Special Order of the 
Day for to-morrow, at 11 o'clock A. M. 

Mr. DUNKIN, from the Special Committee, made a report and reported 
an Ordinance to divide the State into four Congressional Districts ; which 
was passed and was committed to the Engrossing Committee. 

Mr. SIMONTON introduced the following resolution, which was con- 
sidered immediately and was agreed to : 

Resolved, By the Delegates of the people of South Carolina, in Conven- 
tion assembled, that we endorse the administration of President Johnson, 
that we cordially approve the mode of pacification proposed by him, and 
that'we will co-operate with him in the wise measures he has inaugurated 
for securing peace and prosperity for the whole Union. 

On motion of Mr. ORE, the Convention was adjourned at half -past 9 
o'clock P. M. 

JOHN T. SLOAN, 

Clerk of the Convention. 



WEDNESDAY, SEPTEMBER 27, 1865. 

At the hour to which the Convention was adjourned, the PRESIDENT 
took the Chair, and the proceedings were opened with prayer by Rev. 
Bruce Walker. 

The Clerk called the roll, when the following members answered to their 
nanes : 

Messrs. Aldrich, Messrs. Boiling, 

Andrews, Boozer, 

Ball, Boyce, 

Barnett, Boyd, 

Beatty, Brailsford, 

Black, Bratton, 

Blair, Bryce, 



JOURNAL OF THE CONVENTION, 



127 



MesRrs. Bull, 
Byrd, 

Campbell, 

Cannon, 

Carlisle, 

Chisolm, 

Coogan, 

Conner, 

Dawkins, 

DeLettre, 

Dozier, 

Dudley, 

Dunkin, 

Dunovant, 

DuPre, 

Dwight, 

Evins, 

Farrow, 

Fishburne, 

Fox, 

Frierson, 

Frost, 

Furman, 

Gaillard, John G. 

Gaillard, P. C. 

Gilliland, 

Goodwyn, A. D. 

Goodwyn, T. J. 

Gourdin, 

Hammond, 

Hearst, 

Hemphill, 

Hen err, 

Herndon, 

Huger, 

Inglis, 

James, 

Johnson, 

Jones, 

Keenan, 



Messrs. Latimer, 
Lee, 

Lesesne, 
Macbeth, 
Martin, 
Melchers, 
Melton, 
Milling, 
Mills, Jr. 
McCauler, 
McDuffie, 
McGowar, 
Mdver, 
McMaster, 
McMichael/ 
Mobley, 
Moore, 
Morgan, 
Moses, 
Muldrow, 
Norwood. 
Orr, 
Perry, 

Pickens, F. ^^ r . 
Pickens, TV. SV 
Porter, 
Ravenel, 
Reaves, 
Richardson, 
Rion, 

Robertson, 
Rose, 
Ross, 
Schnierle, 
Sheridan, 
Skipper, 
Simonton, 
Sims, 
Smart, 
Sullivan, 



128 WEDNESDAY, SEPTEMBER 27. 

Messrs. Summer, Messrs. Wallace, Wm. 

Stewart, Weatherley, 

Taylor, Wilson, John 

Thompson, J. G. Wilson, W. T. 

Thomson, Thos. Winsmith, 

Tillman, Wylie, 

Wagener, Youmans. 
Wallace, W. H. 

The Journal of yesterday's proceedings was read. 

Mr. McMASTER presented the contingent account of Theodore Stark 
Keeper of the State House, for expenses of the Convention ; which was 
referred to the Committee of Ways and Means. 

SPECIAL ORDER. 

On motion of Mr. ORR, the Convention proceeded to the consideration 
of the report of the Committee on the Judicial Department, on an Ordi- 
nance to declare in present force the Constitution and Laws heretofore in 
force, &c. ; also, 

Report of the same Committee on the amendment proposed by Mr. Mc- 
.GOWAN, which had been made the Special Order of the day, for this day 
at 11 o'clock A. M. 

Mr. SIMONTON moved the following, as a substitute for the proviso to 
the 4th section of the Ordinance proposed by the Committee : 

"Provided, That in every action, arising on any contract, whether under 
seal, written or oral, made between the first day of January, A. D. 1862, 
and the fifteenth of May, A. D. 1865, it shall be lawful for either party to 
the action, to introduce testimony showing the true value and real charac- 
ter of the consideration of such contract, at the time it was made, so that 
regard being had to the particular circumstances of each case, such verdict 
or decree may be rendered as will effect substantial justice between the 
parties." 

And the question being put, will the Convention agree thereto ? it passed 
in the affirmative. 

Yeas, 84 ; nays, 15. 
The yeas and nays were requested, and are as follows : 
Those who voted in the affirmative are 

Hon. D. L. Waedlaw, President, and 



JOUENAL OF THE CONVENTION, 



129 



Messrs, Aldrich, 
Ball, 
Barnett, 
Blair, 
Boyce, 
Boyd, 
Brailsford, 
Bratton, 
Bryce, 
Byrd, 
Campbell, 
Cannon. 
Carlisle, 
Chisolm,| 
Coogan; 
Conner, 
DeLettre, 
Dunkin, 
Dunovant, 
DuPre, 
Dwight, 
Evins, 
Farrow, 
Fishbuane, 
Frierson, 
Frost, 
Furman, 
Gaillard,J. G. 
Goodwyn, A. D. 
Goodwyn, T. J. 
Gourdin, 
Hammond, 
Hearst, 
Hemphill, 
Henery, 
Herndon, 
Huger, 
James, 
Johnson, 
Jones* 
17 



Messrs. Lee, 

Lesesne, 

Martin, 

Melchers, 

Melton, 

Milling, 

McCauley, 

McDuffie, 

McGowan, 

Mclver, 

McMaster, 

McMichael, 

Mobley, 

Moore, 

Moses, 

Muldrow, 

Norwood, 

Orr, 

Perry, 

Pickens, W. S. 

Porter, 

Beaves, 

Bichardson, 

Eion, 

Bobertson, 

Bose, 

Schnierle, 

Sheridan, 

Skipper, 

Simonton, 

Sims, 

Smart, 

Summer, 

Taylor, 

Thomson, Thos. 

Tillman, 

Wallace, Wm. 

Wallace, W. H< 

Weatherly, 

Wilson, John 



130 WEDNESDAY, SEPTEMBEE 27. 

Messrs. Wilson, W. T. Meisrs. Youmans. 

Wins mi th. 

Those who voted in th© negative are 

Messrs. Andrews, Messrs. Latimer, 

Boozer, Macbeth, 

Dawkins, Mills, Jr. 

Dozier, Pickens, F. W. 

Dudley, Sullivan, 

Fox, Thompson, J. G. 

Inglis, Wagener. 
Keenan, 

So the amendment was substituted. The ordinance was then passed, and 
committed to the Engrossing Committee. 

Message No. 2 was then received from his Excellency the Provisional 
Governor, and was read by his Private Secretary, W. H. Perry, Esq. 

TO THE MEMBERS OF THE CONVENTION. 

Executive Department, South Caboltna, Sept. 27, 1865. 
Mr. President and Gentlemen of the Convention : 

I congratulate you and our country on the happy termination of your 
labors, which I hope and trust will be the means of restoring South Caro- 
lina to all of her civil and political rights as a member of the Federal 
Union. , 

You have repealed the Ordinance of Secession, abolished slavery, 
equalized the representation in the Senate, given the election of Governor 
to the people, expressed your judgment in regard to the election of Presi- 
dential Electors by the people, established equal taxation throughout the 
State, and declared the responsibility of the representative to his consti- 
tuency by viva voce voting in the Legislature. 

You have endorsed the administration of President Johnson, and pledged 
yourselves to co-operate with him in "the wise measures he has inaugu- 
rated for securing peace and prosperity to the whole Union." And you 
have referred to a Commission the protection of the "Freedmen" and col- 
ored population of the State, whose business it will be to submit to the 
Legislature a wise code of laws to regulate the relative duties of the em- 
ployee and employer. 

Under your new Constitution, which will inspire our people with Demo- 



JOURNAL OF THE CONVENTION, 131 

cratie zeal, energy and industry, I confidently expect to see South Carolina 
redeem herself and be more prosperous and happy in the future than she 
ever has been in the past. 

Gentlemen, I bid you farewell; and may you speedily return to your 
h#mes, and long live to enjoy the "well done" of your constituency for your 
arduous and patriotic services in restoring your country to order^ govern- 
ment and civil liberty. . B. F. PERRY. 

On motion of Mr. ORR, the message was ordered to be laid on the table, 
and was ordered to be printed. 

Mr. FURMAN, from the Committee of Ways and Means, made a report 
on the account of Theo. Stark ; which was considered immediately, and 
was agreed to. 

Mr. FURMAN introduced the following resolution ; which was consi- 
dered immediately, and was agreed to. 

Resolved, That the Keeper of the State House take charge of the various 
articles procured for the use of the Convention, and which have not been 
consumed, and hold them subject for the use of the General Assembly. 

Also, introduced the following resolution ; which was considered imme- 
diately, and was agreed to : 

Resolved, That the sum of two hundred dollars be appropriated as com- 
pensation for the use of the building in which the meetings of the Conven- 
tion have been held. 

Mr. J. G. THOMPSON presented a petition ; which was ordered to be 
laid on the table. 
Mr. INGLIS introduced the following resolution : 

Resolved, That when this Convention adjourns, it shall be adjourned to 
meet at such time and place as the President shall appoint, who is autho- 
rized, if, in his opinion, the public exigencies shall require, by notice 
under his hand duly published, to assemble the Convention at any time 
before the first day of January next ensuing ; and that he appoint a com- 
mittee of five, a majority of whom, or the survivors or successors of such 
majority, in case of the death or disqualification of the President, shall 
have like authority to assemble the Convention, and appoint a time and 
place for its meeting ; and in case the Convention shonlcl not be so assem- 
bled before the first day of January ensuing, then this Convention shall be 
dissolved. 



132 



WEDNESDAY, SEPTEMBER 27. 



On motion of Mr. McMASTER, the resolution was amended by striking 

ont "January," and inserting "March/' and the question being put, will 

the Convention agree thereto ? it passed in the negative. 

Yeas, 24 ; nays, 57. 

The yeas and nays were requested, and are as follows : 

Those who voted in the affirmative are 



Metare. Andrews, 
Boouer, 
Byrd, 
Chisolm, 
Coogan, 
DeLettre, 
Dudley, 
DuPre, 
Dwight, 
Evins, 
Fox, 
Herndon, 



Messrs. Inglis, 
James, 
McMaster, 
Muldrow, 
Orr, 

Richardson, 
Robertson, 
Rose, 
Taylor, 

Thompson, J. G. 
Tillman, 
"Wilson, John 



Those who voted in the negative are 



Hon. D. L. WxnniiAW, President, and 



ICeMM. Aldrich, 
Bamett, 
Blair, 
Boyce, 
Brailsford, 
Bratton, 
Campbell, 
Carlisle, 
Conner, 
Dawkins, 
Dozier, 
Dunkin, 
Farrow, 
Fishburne, 
Frost, 
Furman, 
Gaillard, John G, 



Mesan. Hearst, 
Henery, 
Huger, 
Johnson, 
Jones, 
Keenan, 
Lee, 
L*sesne, 
Macbeth, 
Martin, 
Melchers^ 
Melton, 
Milling, 
Mills, Jr. 
McDuffie, 
McGowan, 
Mclver, 



JOURNAL OF THE CONVENTION, 133 

Messrs. McMichael, Messrs. Simonton, 

Mobley, Sullivan, 

Moore, Summer, 

Norwood, Smart, 

Perry, Wagener, 

Pickens, F. W. Wallace, Wm. 

Pickens, W. S. "Wallace, W. H. 

Porter, Weatherley, 

KeaTes, * Wilson, W. T. 

Rion, Winsmith, 

Sheridan, Youmans. 

So the resolution was not agreed to. 

Mr. MELTON, from the Engrossing Committee, made the following 
report : 

The Engrossing Committee respectfully report : 

That the Constitution of the State has been engrossed and is herewith 
reported for ratification. 

They also report for ratification the following engrossed Ordinances, 
to wit: 

An Ordinance to divide the State into four Congressional Districts. 

An Ordinance to provide for the expenses of the Convention. 

An Ordinance to provide for the first ensuing election of Governor and 
Lieutenant-Governor, and for members of the first ensuing General Assem- 
bly of the State of South Carolina. 

Respectfully submitted, 

C. D. MELTON, Chairman. 

Ik Contention, September 27, 1865. 

Whereupon the Ordinance was ratified in due form. 

Mr. MOSES asked and obtained leave to record the vote he would have 
given, if present, on resolution offered by Mr. Inglis, as to the adjourn- 
ment of the Convention. And Mr. Moses being called, answered No. 

On motion of Mr. MELTON, 

Ordered, That this Convention be adjourned fine die, this day, at 
8 o'clock P. M. 

The Convention, receded from business at 3 o'clock P. M, , imtil 7 o'clock 



134 WEDNESDAY, SEPTEMBEK 27. 

RECESS. 

Mr. MELTON, from the Engrossing Committee, made the following 
report : 

The Engrossing Committee ask leave to report herewith, for ratification, 
an Ordinance entitled "An Ordinance to declare in force the Constitution 
and laws heretofore in force in this State, and the Acts, official, public and 
private done, and appointments and elections made, under authority of the 
s ame." 

Respectfully submitted, 

C. D. MELTON, Chairman Committee. 
Columbia, Sept. 27, 1865. 

Whereupon the Ordinance was ratified in due form. 

Mr. MELTON introduced the following resolution, which was considered 
immediately, and was agreed to : 

Resolved, That a pay bill do issue to Mr. John D. Alexander for the sum 
of thirty dollars, as compensation for his services in engrossing the Con- 
stitution of the State of South Carolina. 

Mr. INGLIS introduced the following resolution, which was considered 
immediately, and was agreed to : 

Resolved, That the General Assembly be requested to have the Consti- 
tution of the State, adopted by this Convention, together with the several 
Ordinances and Eesolutions passed, published with the Acts and Reso- 
lutions of the General Assembly, at its next session. 

Resolved, That the Clerk of this Convention communicate this resolution 
to the General Assembly at an early clay of its session. 

On motion of Mr. ORR, 

Ordered, That all Reports, Resolutions and other papers which have not 
been disposed of by the Convention, be laid on the table. 

On motion of Mr. LESESNE, the Convention resolved itself into a 
Committee of the Whole, Mr. DUNKIN in the Chair. 

The PRESIDENT resumed the Chair. 

Mr. DUNKIN, from the Committee of the Whole, made a report, and 
reported the following resolution as having been unanimously adopted by 
the Committee of the Whole : 



JOtJENAL OF THE CONVENTION, 135 

Resolved, That the acknowledgments of the Convention are hereby cor- 
dially rendered to the Hon. D. L. Wardlaw for the ability and elegance 
which he has exhibited in discharging the inrportant and delicate duties of 
the Chair. 

Whereivpon the PEESIDENT addressed the Convention as follows : 

Gentlemen of the Convention : 

This new testimony of the flattering appreciation which your kindness 
has bestowed upon my humble services, demands from me a renewed ex- 
pression of my thanks. Gentlemen, I thank you. I have no words ade- 
quate to express my emotions. I trust you will not believe that I 
feel less deeply, because I make no further attempt to tell you what I feel. 

As I expected, gentlemen, when you elected me to this seat, your 
demeanor has saved me from the troubles and embarrassments which often 
task the powers of a presiding officer. It must be gratifying to you to 
remember, as it has been pleasant for me to experience, that, throughout 
your session*, your debates have been uniformly attended by the courtesy 
which characterizes gentlemen — the representatives of a generous people. 
All who have looked upon your proceedings must have marked your 
diligence. You have made great changes in our fundamental law. You 
have inaugurated a new era in the history of the State. Let us pray that 
it may be the opening of a brighter prospect in the future. It is now our 
duty to secure a fair trial to our experiment, to resist idle clamor and ill- 
considered opposition, and by moderation, industry and devoted patriotism, 
to re-establish peace, order and prosperity. 

Our Convention will soon be dissolved. We cannot hope that we shall 
all ever meet again in one body. The heads which are whitened by age, 
may, in the course of nature, be expected to fall first ; but of young and 
old — of all — our State Ires need. Let it be the resolve of every one in his 
sphere to give to her, in her destitution and distress, his whole energies 
and utmost efforts. 

We now separate, after earnest work and pleasant intercourse. I wish 
to every one of you a safe return to his home, and a happy enjoyment of 
the fruits of his labors. 

On motion of Mr. EOBEKTSON, the Convention was adjourned sine die, 
at 8 o'clock P. M. 

JOHN T. SLOAN, 

Clerk of the Convention. 



CONSTITUTION 



OF THE 



STATE OF SOUTH CAROLINA. 



18 



CONSTITUTION. 



We, the people of the State of South Carolina, by our Delegates in Convention 
met, do ordain and establish this Constitution for the Government of the said 
State : 

ARTICLE I. 

Section 1. The Legislative authority of this State shall be vested in a 
General Assembly, which shall consist of a Senate and a House of Repre- 
sentatives. 

Section 2. The House of Representatives shall be composed of Members 
chosen by ballot, every second year, by the citizens of this State, qualified 
as in this Constitution is provided. 

Section 3. Each Judicial District in the State shall constitute one Elec- 
tion District, except Charleston District, which shall be divided into two 
Election Districts ; one consisting of the late Parishes of St. Philip and St. 
Michael, to be designated the Election District of Charleston ; the other 
consisting of all that part of the Judicial District, which is without the 
limits of the said Parishes, to be known as the Election District of 
Berkeley. 

Section L The boundaries of the several Judicial and Election Districts 
shall remain as they are now established. 

Section 5. The House of Representatives shall consist of one hundred 
and twenty-four Members, to be apportioned among the several Election 
Districts of the State, according to the number of white inhabitants con- 
tained in each, and the amount of all taxes raised by the General Assem- 
bly, whether direct or indirect, or of whatever species, paid in each, de- 
ducting therefrom all taxes paid on account of property held in any other 



140 CONSTITUTION. 

District, and adding thereto all taxes elsewhere paid on account of pro- 
perty held iiS such District. An enumeration of the white inhabitants, for 
this purpose, was made in the year one thousand eight hundred and fifty- 
nine, and shall be made in the course of every tenth year thereafter, in 
such manner as shall be by law directed ; and Representatives shall be 
assigned to the different Districts in the above-mentioned proportion, by 
Act of the General Assembly at the session immediately succeeding every 
enumeration : Provided, that until the apportionment, which shall be made 
upon the next enumeration, shall take effect, the representation of the 
several Election Districts, as herein constituted, shall continue as assigned 
at the last apportionment, each District which has been heretofore divided 
into smaller Districts, known as Parishes, having the aggregate number of 
Representatives which the Parishes heretofore embraced within its limits 
have had since that apportionment, the Representative to which the Parish 
of All Saints has been heretofore entitled, being, daring this interval, as- 
signed to Horry Election District. 

Section 6. If the enumeration herein directed shall not be made in tlte 
course of the year appointed for the purpose, it shall be the duty of the 
Governor to have it effected as soon thereafter as shall be practicable. 

Section 7. In assigning Representatives to the several District*;, the 
General Assembly shall allow one Representative for every sixty-second 
part of the whole number of white inhabitants in the State, and one Rep- 
resentative also for every sixty -second part of the whole taxes raised by 
the General Assembly. . There shall be further allov^ed one Representative 
for such fractions of the sixty-second part of the white inhabitants, and of 
the sixty-second part of the taxes, as when added together form a unit. 

Section 8. All taxes upon property, real or personal, shall be laid upon 
the actual value of the .property taxed, as the same shall be ascertained by 
an assessment made for the purpose of laying such tax. In the first ap- 
portionment which shall be made under this Constitution, the amount of 
taxes shall be estimated from the average of the two years next preceding 
such apportionment ; but in every subsequent apportionment, from the 
average of the ten years then next preceding. 

Section 9. If, in the apportionment of Representatives, any Election 
District shall appear not to be entitled from its population and its taxes 
to a Representative, such Election District shall nevertheless send one Rep- 
resentative ; and, if there: 1m still a deficiency of the number of Repre- 



CONSTITUTION. 141 

sentatives required by section fifth, such deficiency shall be supplied by 
assigning Representatives to those Election Districts having the largest 
surplus fractions, whether those fractions consist of a combination of 
population and taxes, or ol population or taxes separately, until the 
number of one hundred and twenty-four Members be made uj) : Provided, 
• ■-/•, that not more than twelve Representatives shall, in any appor- 
tionment, be assigned to any one Election District. 

Section 10. No apportionment of Representatives shall be construed to 
take effect, in any manner, until the general election which shall succeed 
such apportionment. 

Section 11. The Senate shall be composed of one member from each 
Election District, excejDt the Election* District of Charleston, to which 
shall be allowed two Senators. 

Section 12. Upon the meeting of the first General Assembly which 
shall be chosen under the provisions of this Constitution, the Senators 
shall be divided, by lot, into two classes ; the seats of the Senators of the 
one class to be vacated at the expiration of two years after the Monday 
following the general election, and of those of the other class at the expi- 
ration of four years ; and the number of these classes shall be so propor- 
tioned that one-half of the whole number of Senators may, as nearly as 
possible, continue to be chosen thereafter every second year. 

Section 13. No person shall be eligible to, or take or retain, a seat in the 
House of Representatives, unless he is a free white inan, who hath attained 
the age of twenty-one years, hath been a citizen and resident of this State 
three years next preceding the day of election, and hath been for 1 the last 
six months of this time, and shall continue, a resident of the District 
which he is to represent. 

Section 14 No person shall be eligible to, or take or retain, a seat in the 
Senate, unless he is a free white man, who hath attained the age of thirty 
years, hath been a citizen and resident of this State five years next -pre- 
ceding the day of election, and hath been, for the last six months of this 
time, and shall continue to be, a resident of the District which he is to 
represent. 

Section 15. Senators and Members of the House of Representatives 
shall be chosen at a general election on the third Wednesday in October in 



H2 CONSTITUTION. 

the present year, and on the same day in every second year thereafter, in 
such manner and for such terms of office as are herein directed. They 
shall meet on the fourth Monday in November, annually, at Columbia, 
(which shall remain the seat of Government, until otherwise determined 
by the concurrence of two-thirds of both branches of the whole represen- 
tation,) unless the casualties of war or contagious disorders shall render it 
unsafe to meet there ; in either of which cases, the Governor, or Comman- 
der-in-chief, for the time being, may, by proclamation, appoint a more 
secure and convenient place of meeting. 

Section 16. The terms of office of the Senators and Eepresentatives 
chosen at a general election shall begin on the Monday following such 
election. 

Section 17. Each House shall judge of the elections, returns and quali- 
fications of its own Members ; and a majority of each House shall consti- 
tute a quorum to do business ; but a smaller number may adjourn from 
day to day, and may be authorize* to compel the attendance of absent 
Members, in such manner and under such penalties' as may be provided 
by law. 

Section. 18. Each House shall choose its own officers, determine its rules 
of proceeding, punish its Members for disorderly behavior, and, with the 
concurrence of two-thirds, expel a Member, but not a second time for the 
same cause. 

Section 19. Each House may punish, by imprisonment, during its 
sitting, any person, not a Member, who shall be guilty of disrespect to the 
House by any disorderly or contemptuous behavior in its presence ; or 
who, during the time of its sitting, shall threaten harm to body or estate 
of any Member for any thing said or done in either House, or tfho shall 
assault any of them therefor, or who shall assault or arrest any witness or 
other person ordered to attend the House, in his going thereto, or return- 
ing therefrom, or who shall rescue any person arrested by order of the 
House. 

Section 20. The Members of both Houses shall be protected in their 
persons and estates during their attendance on, going to, and returning 
from, the General Assembly, and ten days previous to the sitting, and ten, 
days after the adjournment thereof. But these privileges shall not be ex-- 



CONSTITUTION. 143 

tended so as to protect any Member who shall be charged with treason, 
felony, or breach of the xDeace. 

Section 21. Bills for raising a revenue shall originate in the House of 
Representatives, but may be altered, amended or rejected by the Senate ; 
and all other bills may originate in either House, and may be amended, 
altered or rejected by the other. 

Section 22. Every Act or Resolution having the force of law shall relate 
to but one subject, and that shall be expressed in the title. 
Section 23. No bill shall have the force of law until it shall have been 

read three times, and on three several days, in each House, has had the 
seal of the State affixed to it, and has been signed in the Senate House by 
the President of the Senate and the Speaker of the House of Representa- 
tives. 

Section 24. No money shall be drawn out of the Public Treasury but by 
the legislative authority of the State. 

Section 25. In all elections by the General Assembly, or either House 
thereof, the members shall vote "viva voce," and their votes, thus given, 
shall be entered upon the journals of the House to which they respectively 
belong. 

Section 26. The Members of the General Assembly, who shall meet 
under this Constitution, shall be entitled to receive out of the Public Trea- 
sury, for their expenses during their attendance on, going to and returning 
from the General Assembly, five dollars for each day's attendance, and 
twenty cents for every mile of the ordinary route of travel between the 
residence of the Member and the capital or other place of sitting of th® 
General Assembly, both going and returning ; and the same may be in- 
creased or diminished by law, if circumstances shall require ; but no alter- 
ation shall be made to take effect during the existence of the General 
Assembly which shall make such alteration. 

Section 27. Neither House, during the session of the General Assembly, 
shall, without the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the Assembly shall be, at the 
time, sitting. 

Section 28. No person shall fee eligible to a seat in the General Assem- 



U4 CONSTITUTION. 

bly whilst lie holds any office of profit or trust under this State, the United 
States of America, or any of them, or under any other power, except 
officers in the mihtia, army or navy of this State, Magistrates, or Justices 
of Inferior Courts, while such Justices receive no salaries ; nor shall any 
contractor of the army or navy of this State, the United States of America, 
or any of them, or the agents of such contractor be eligible to a seat in 
either House. And if any Member shall accept or exercise any of the said 
disqualifying offices, he shall vacate his seat. 

Section 29. If any Election District shall neglect to choose a member or 
members on the day of election, or if any person chosen a member of 
either House shall refuse to qualify and take his seat, or shall resign, die, 
depart the State, accept any disqualifying office, or become otherwise dis- 
qualified to hold his seat, a writ of election shall be issued by the Presi- 
dent of the Senate or Speaker of the House of Representatives, as the 
case may be, for the purpose of filling the vacancy thereby occasioned, for 
the remainder of the term for which the person so refusing to qualify, 
resigning, dying, departing the State, or becoming disqualified, was elected 
to serve, or the defaulting Election District ought to have chosen a mem- 
ber or members. 

Section 30. And whereas the ministers of the Gospel are, by their pro- 
fession, dedicated to the service of God and the cure of souls, and ought 
not to be diverted from the great duties of their functions ; therefore, no 
minister of the Gospel or public preacher of any religious persuasion, 
whilst he continues in the exercise of his pastoral functions, shall be 
eligible to the office of Governor, Lieutenant-Governor, or to a seat in the 
Senate or House of Representatives. 

ARTICLE n. 

Section 1. The Executive authority of this State shall be vested in & 
Chief Magistrate, who shall be styled, The Governor of the State of South 
Carolina. 

Section 2. The Governor shall be elected by the electors duly qualified 
to vote for members of the House of Representatives, and shall hold his 
office for four years and until his successor shall be chosen and qualified ; 
but the same person shall not be Governor for two consecutive terms. 

Section 3. No person shall be eligible to the office of Governor, unless 



CONSTITUTION. 145 

he hath attained the age of thirty years, and hath been a citizen and 
resident of this State for the ten years next preceding the day of election. 
And no person shall hold the office of Governor, and any other office or 
commission, civil or military, (except in the militia,) under this State or 
the United States, or any of them, or any other power, at one and the same 
time. 

Section 4. The returns of every election of Governor shall be sealed up 
by the Managers of Elections in their respective Districts, and transmitted^ 
by a messenger chosen by them, to the seat of Government, directed to 
the Secretary of State, who shall deliver them to the Speaker of the House 
of Kepresentrtives, at the next ensuing session of the General Assembly ; 
during the first week of which session the Speaker shall open and publish 
them in the presence of both Houses of the General Assembly. The person 
having the highest number of votes shall be Governor, but if two or more 
shall be equal and highest in votes, the General Assembly shall, during the 
same session, in the House of Representatives, choose one of them Governor 
viva voce. Contested elections for Governor shall bo determined by the 
General Assembly in such manner as shall be prescribed by law. 

Section 5. A Lieutenant-Governor shall be chosen at the same time, in 
the same manner, continue in office for the same period, and be possessed 
of the same qualifications as the Governor, and shall ex officio be President 
of the Senate. 

Section 6. The Lieutenant-Governor, acting as President of the Senate 
shall have no vote, unless the Senate be equally divided. 

Section 7. The Senate shall choose a President pro tempore to act in the 
absence of the Lieutenant-Governor, or when he shall exercise the office of 
Governor. 

Section 8. A member of the Senate or of the House of Representatives 
being chosen and acting as Governor or Lieutenant-Governor shall, there- 
upon vacate his seat, and another person shall be elected in his stead. 

Section 9. In case of the impeachment of the Governor or his removal 
from office, death, resignation, disqualification, disability or removal from 
the State, the Lieutenant-Governor shall succeed to his office, and in case 
of the impeachment of the Lieutenant-Governor or his removal from 
office, death, resignation, disqualification, disability or removal from the 
19 



U6 CONSTITUTION. 

State, the President pro tempore of the Senate shall succeed to his office ; 
and when the offices of the Governor, Lieutenant-Governor and President 
pro tempore of the Senate shall become vacant in the recess of the Senate, 
the Secretary of State, for the time being, shall, by proclamation, convene 
the Senate, that a President pro tempore may be chosen to exercise the 
office of Governor for the unexpired term. 

Section 10. The Governor shall be Commander-in-Chief of the Army 
and Navy of this State and of the militia, except when they shall be called 
into the actual service of the United States. 

Section 11. He shall have power to grant reprieves and pardons after 
conviction, (except in cases of impeachment,) in such manner, on such 
terms and under such restrictions as he shall think proper, and he shall 
have power to remit fines and forfeitures, unless otherwise directed by law. 
It shall be his duty to report to the General Assembly at the next regular 
session thereafter all pardons granted by him, with a full statement of each 
case and the reasons moving him thereunto. 

Section 12. He shall take care that the laws be faithfully executed in 
mercy. 

Section 13. The Governor and Lieutenant-Governor shall, at stated 
times, receive for their services a compensation which shall be neither 
increased nor diminished during the period for which they shall have been 
elected. 

Section 14. All officers in the Executive Department, when required by 
the Governor, shall give him information in writing upon any subject 
relating to the duties of their respective offices. 

Section 15. The Governor shall, from time to time, give to the General 
Assembly information of the condition of the State, and recommend to 
their consideration such measures as he shall judge necessary or expedient. 

Section 16. He may, on extraordinary occasions, convene the General 
Assembly, and should either House remain without a quorum for three 
days, or in case of disagreement between the two Houses with respect to 
the time of adjournment, may adjourn them to such time as he shall think 
proper, not beyond the fourth Monday of November then next ensuing. 



CONSTITUTION. 147 

Section 17. He shall commission all officers of the State. 

Section 18. It shall be the duty of the Managers of Elections of this 
State, at the first general election under this Constitution, and at each 
alternate general election thereafter, to hold an election for Governor and 
Lieutenant-Governor. 

Section 19. The Governor and the Lieutenant-Governor, before entering 
upon the duties of their respective offices, shall, in the presence of the 
General Assembly, take the oath of office prescribed in this Constitution. 

Suction 20. The Governor shall reside, during the sitting of the General 
Assembly, at the place where its session may be held ; and the Genera* 
Assembly may, by law, require him to reside at the Capital of the State. 

Section 21. Every Bill which shall have passed the General Assembly, 
shall, before it become a law, be presented to the Governor ; if he approve, 
he shall sign it ; but if not, he shall return it, with his objections, to that 
House in which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If after such recon- 
sideration a majority of the whole representation of that House shall agree 
to pass the Bill, it shall be sent, together with the objections, to the other 
House, by which it shall likewise be reconsidered, and if approved by a 
majority of the whole representation of that other House, it shall become 
a law. But in all such cases the votes of both Houses shall be determined 
by yeas and nays, and the names of the persons voting for and against the 
Bill shall be entered on the journal of each House respectively. If any 
Bill shall not be returned by the Governor within two days (Sundays ex- 
cepted) after it shall have been presented to him, the same shall be a law 
in like manner as if he had signed it. And, that time may always be al- 
lowed the Governor to consider Bills passed by the General Assembly, 
neither House shall read any Bill on the last day of its session, except such 
Bills as have been returned by the Governor as herein provided. 

AKTICLE III. 

Section 1. The judicial power shall be vested in such Superior and 
Inferior Courts of Law and Equity as the General Assembly shall, from time 
to time, direct and establish. The Judges of the Superior Courts shall be 
elected by the General Assembly, shall hold their offices during good 



148 CONSTITUTION. 

behavior, and shall, at stated times, receive a compensation for their ser- 
vices, which shall neither be increased nor diminished during their continu- 
ance in office ; but they shall receive no fees or perquisites of office, nor hold 
any other office of profit or trust under this State, the United" States of 
America, or any of them, or any other power. The General Assembly 
shall, as soon as possible, establish for each District in the State an Inferior 
Court or Courts, to be styled "The District Court," the Judge whereof 
shall be resident in the District while in office, shall be elected by the 
General Assembly for four years, and shall be re-eligible, which Court shall 
have jurisdiction of all civil causes wherein one or both of the parties are 
persons of color, and of all criminal cases wherein the accused is a person 
of color, and the General Assembly is empowered to extend the jurisdiction 
of the said Court to other subjects. 

Section 2. The Judges shall meet and sit at Columbia, at such time as 
the General Assembly may by Act prescribe, for the purpose of hearing 
and determining all motions for new trials and in arrest of judgment, and 
such points of law as may be submitted to them, and the General Assem 
bly may by Act appoint such other places for such meeting as in their dis- 
cretion may seem fit. 

Section 3. The style of all processes shall be, "The State of South 
Carolina." All prosecutions shall be carried on in the name and by the 
authority of the State of South Carolina, and conclude, "against the peace 
and dignity of the same." 

ARTICLE IV. 

In all elections to be made by the people of this State, or of any part 
thereof, for civil or political offices, every person shall be entitled to vote 
who has the following qualifications, to wit : 

Hq shall be a free white man, who has attained the age of twenty-one 
years, and is not a pauper, nor a non-commissioned officer or private soldier 
of the army, nor a seaman or marine of the navy of the United States, 
He shall, for the two years next preceding the day of election, have been 
a citizen of this State ; or, for the same period, an emigrant from Europe, 
who has declared his intention to become a citizen of the United States, 
according to the Constitution and Laws of the United States. He shall 
have resided in this State for at least two years next preceding the day of 
election, and, for the last six months of that time, in the District in Trhich 
he offers to vote, Provided, however, That the General Assembly may, by 



CONSTITUTION. 149 

requiring a registry of voters, or other gui table legislation, guard against 
frauds in elections, and usurpations of the right of suffrage, may impose 
disqualification to vote as a punishment for crime, and may prescribe addi- 
tional qualifications for voters in municipal elections. 

ARTICLE V. 

All persons, who shall be elected or appointed to any office of profit or 
trust, before entering on the execution thereof, shall take (besides special 
oaths, not repugnant to this Constitution, prescribed by the General As- 
sembly,) the following oath : 

"I do swear (or affirm) that I am duly qualified, according to the Consti- 
tution of this State, to exercise the office to which I have been appointed, 
and that I will, to the best of my ability, discharge the duties thereof, and 
preserve, protect and defend the Constitution of this State, and that of the 
United States. So help me God." 

AETICLE VI. 

Section 1. The House of Representatives shall have the sole power of 
impeaching, but no impeachment shall be made, unless with the concur- 
rence of two-thirds of the House of Representatives. 

Section 2. All impeachments shall be tried by the Senate. When sitting 
for that purpose, the Senators shall be on oath or affirmation, and no per- 
son shall be convicted without the concurrence of two-thirds of the mem- 
bers present. 

Section 3. The Governor, Lieutenant-Governor, and all civil officers, 
shall be liable to impeachment for high crimes and misdemeanors, for any 
misbehavior in office, for corruption in procuring office, or for any act 
which shall degrade their official character. But judgment in such case* 
shall not extend further than to removal from office, and disqualification 
to hold any office of honor, trust or profit, under this State. The party 
convicted shall, nevertheless, be liable to indictment, trial, judgment and 
punishment according to law. 

Section 4. All civil officers, whose authority is limited to a single Judicial 
District, a single Election District, or part of either, shall be appointed, 

Mrt thoir office J h' pemorecl from efitoe, and, to addition te liability to 



150 CONSTITUTION. 

impeachment, may be punished for official misconduct, in such manner as 
the General Assembly, previous to their appointment, may provide. 

Section 5. If any civil officer shall become disabled from discharging 
the duties of his office, by reason of any permanent bodily or mental 
infirmity, his office may be declared to be vacant, by joint resolution, 
agreed to by two-thirds of the whole representation in each House of the 
General Assembly: Provided, That such resolution shall contain the 
grounds for the proposed removal, and before it shall pass either House, a 
copy of it shall be served on the officer, and a hearing be allowed him. 

AETICLE VII. 

Suction 1. The Treasurer and the Secretary of State shall be elected by 
the General Assembly in the House of Bepresentatives, shall hold their 
offices for four years, and shall not be eligible for the next succeeding term. 

Section 2. All other officers shall be appointed as they hitherto have 
been, until otherwise directed by law ; but the same person shall not hold 
the office of sheriff for two consecutive terms. 

Section 3. All commissions shall be in the name and by the authority of 
the State of South Carolina, be sealed with the seal of the State, and be 
signed by the Governor. 

ARTICLE Vm. 

All laws of force in this State at the adoption of this Constitution, and 
not repugnant hereto, shall so continue until altered or repealed by the 
General Assembly, except where they are temporary, in which case they 
shall expire at the times respectively limited for their duration, if not con- 
tinued by Act of the General Assembly. 

ARTICLE IX. 

Section 1. All power is originally vested in the people, and all free Go- 
vernments are founded on their authority, and are instituted for their 
peace, safety and happiness. 

Section 2*. No person shall be taken, or imprisoned, or disseized of his 
freehold, liberties or privileges, or outlawed or exiled, or in any manner 
deprived of his life, liberty ©r Drorxartv. but by due process of law ; nor 



CONSTITUTION. I5i 

shall any bill of attainder, ex post facto law, or law impairing the obliga- 
tion of contracts, ever be passed by the General Assembly. 

Section 3. The military shall be subordinate to the civil power. 

Section 4. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when, in case of rebellion or invasion, the public safety 
requires it. 

Section 5. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel punishments inflicted. 

Section 6. The General Assembly shall not grant anv title of nobility, 
or hereditary distinction, nor create any office the appointment to which 
shall be for any longer time than during good behavior. 

Section 7. The trial by jury, as heretofore used in this State, and the 
liberty of the press, shall be forever inviolably preserved. But the Gene- 
ral Assembly shall have power to determine the number of persons who 
shall constitute the jury in the Inferior and District Courts. 

Section 8. The free exercise and enjoyment of religious profession and 
worship, without discrimination or preference, shall be allowed, within this 
State, to all mankind : Provided, That the liberty of conscience hereby 
declared shall not be so construed as to excuse acts of licentiousness, or 
justify practices inconsistent with the peace and safety of the State. 

Section 9. The rights, privileges, immunities and estates of both civil 
and religious societies and of corporate bodies shall remain as if the Con- 
stitution of this State had not been altered or amended. 

Section 10. The rights of primogeniture shall not be re-established, and 
there shall not fail to be some legislative provision for the equitable distri- 
bution of the estates of intestates. 

Section 11. The slaves in South Carolina having been emancipated by 
the action of the United States authorities, neither slavery nor involuntary 
servitude, except as a punishment for crime, whereof the party shall have 
been duly convicted, shall ever be re-established in this State. 

AETICLE X. 
Section 1. The General Assembly, whenever a taxis laid upon land, shall, 



152 CONSTITUTION, 

at the same time, impose a capitation tax, which shall not be less Upon each 
poll than one-fourth of the tax laid upon each hundred dollars worth of the 
assessed value of the land taxed ; excepting, however, from the operation 
of such capitation tax all such classes of persons, as from disability or 
otherwise, ought, in the judgment of the General Assembly, to be exempted. 

ABTICLE XI. 

Section 1. The business of the Treasury shall be conducted by one 
Treasurer, who shall hold his office and reside at the seat of Government. 

Section 2. The Secretary of State shall hold his office and reside at .the 
seat of Government. 

ARTICLE XII 

Section 1. No Convention of the people shall be called, unless by the 
concurrence of two-thirds of the whole representation in each House of 
the General Assembly. 

Section 2. No part of this Constitution shall be altered, unless a bill to 
alter the same shall have been read on three several days in the House of 
Representatives, and on three several days in the Senate, and agreed to, at 
the second and third readings, by two-thirds of the whole representation 
in each House of the General Assembly ; neither shall any alteration take 
effect, until the bill, so agreed to, shall be published for three months 
previous to a new election for members of the House of Representatives, 
and the alteration proposed by the preceding General Assembly shal^ 
be agreed to by the new General Assembly, in their first session, by the 
concurrence of two-thirds of the whole representation in each House, after 
the same shall have been read on three several days in each ; then and not 
otherwise the same shall become a part of the Constitution. 

Done in Convention at Columbia, in the State of South Carolina, the 
twenty-seventh day of September, in the year of our Lord one 
thousand eight hundred and sixty-five. 

D. L. WARDLAW, 

President of the Convention. 
Attest : John T. Sloan, 

Clerk of the Convention. 



REPORTS, RESOLUTIONS, ETC. 



20 



REPORTS OF COMMITTEES. 



REPORT OF SPECIAL COMMITTEE ON MATTER OF ELECTION 
OF DELEGATE FROM ST. LUKE'S. 

The Special Committee, to whom was referred the matter of the election 
of a Delegate to this Convention from the Parish of St. Luke, ask leave 
respectfully to report : 

That they have given a careful consideration to the same, and find the 
following to be the facts : 

The Parish comprises four election precincts, three of them on the main, 
to wit : Grahamville, Gillisonville and Fording Island Road, and one on 
Hilton Head Island, and is entitled to one Delegate in this Convention. 

On Monday, the 4th instant, the polls were opened at Grahamville, Gil- 
lisonville and Fording Island Road, by the legally constituted Managers 
for those precincts, the vacancies having been rilled by special appoint- 
ments made in writing by the Senator and Representative lately repre- 
senting the Parish in the Legislature, as directed by Governor Perry's 
Proclamation of the 23d of August. These Managers assembled at the 
place designated by law for the counting of votes in the Parish, on Thurs- 
day, the 7th instant, being the day fixed by law, and there counted the 
votes and declared the election. Seventy-six votes appear to have been 
polled at these three precincts, of which Mr. Leroy F. Youmans received 
seventy-five. A certificate of election was thereupon furnished to Mr. 
Youmans, which he presents and claims the seat. 

On Hilton Head Island an election was also held on Monday, the 4th 
instant. This island, ordinarily polling ten or fifteen votes, and never 
known to exceed twenty, has been largely peopled since its occupation by 
the Federal Army in November, 1861, by persons chiefly from the Northern 
States, who have brought their families ^ith them, and have established 
themselves in various occupations and modes of business. These j)eople 
appear to have earnestly desired to participate in the choice of a Delegate 



156 KEPOKTS AND KESOLUTIONS. 

to this Convention, and, as your Committee believe, in good faith and 
with a proper purpose, believing themselves to be qualified voters. Being 
advised, after inquiry, that there was not on the island any of the legally 
constituted Managers for the island poll, and having failed in their efforts 
to reach the late Senator and Representative of the Parish, to procure a 
special appointment, they resorted to the expedient of appointing Man- 
agers by a public meeting. The Managers so appointed held the election 
and conducted it, so far as your Committee can learn, in close conformity 
with the existing regulations. The voters were only those who had been 
residents on the island for the two years preceding the election, and who 
had indicated a purpose of permanent residence, by bringing their families 
and establishing themselves in civil employments. They had also taken 
the Amnesty Oath. The Managers, acting on information which they had 
reason to think reliable, as to the proper day and place for counting the 
votes, went to the proper place on the main, but on the day preceding the 
day fixed by law for the general assembling of the Managers ; and there, 
ignorant of the fact that they were assembled in advance of the proper 
time, and doubtful as to whether the polls had been opened at any other 
precincts, they proceeded to count their poll and declare the election. At* 
this poll eighty-two votes appear to have been cast, all of which were for 
Mr. David McGregor, to whom a certificate of election was furnished by 
these Managers. This certificate Mr. McGregor presents, and claims that 
he is entitled to the seat. 

To the regularity of the election at the polls on the main no exception 
is taken by Mr. McGregor. He only claims that he has received a majority 
of the votes polled in the Parish, and that the irregularities, if any, which 
have attended his election, are not such as to vitiate it. 

On the other hand, it is objected by Mr. Youmans : 1. That the voters 
at the Hilton Head poll were not qualified voters according to the law of 
the State, because not citizens in the proper and legal acceptation of the 
term ; and 2. That the poll was managed by. persons unauthorized to hold 
the election, and was not counted and reported to the General Board of 
Managers on the day fixed by law for that purpose. 

Your Committee have not been, and cannot be, without much delay, 
furnished with the information necessary to determine the facts involved 
in the first exception ; and as there is, in their judgment, enough in the 
second exception to determine the question, they have confined their 
attention to that alone. 

By the Proclamation of the President of the United States, the Pro- 
visional Governor of this State was authorized to call this Convention, and 



REPORTS AND RESOLUTIONS. 157 

for that purpose to establish such "rules and regulations" as were neces- 
sary. In pursuance of this authority, Governor Perry, by Proclamation, 
ordered the "Managers of Elections throughout the State" to hold the 
elections and to conduct the same ' 'according to the laws of South Caro- 
lina in force before the secession of the State." Managers of Elections 
are, in this State, recognized State officers, holding their appointments 
directly from the General Assembly, and liable to penalties for neglect or 
misconduct ; and it will not be questioned that in using the term, Governor 
Perry had reference to the Managers regularly appointed by the General 
Assembly. JBy a subsequent Proclamation of August 23d, Governor Perry 
directs that in cases where there are no Managers of Elections, the mem- 
bers of the Legislature from the Election District shall appoint suitable 
persons. 

These were the "regulations" established 4 by the Governor for the con- 
duct of the elections to this Convention, and it is, in the judgment of your 
^Committee, a sufficient exception to the Hilton Head poll, that it was not 
managed in conformity to these regulations and to the law of the State. 
The Managers were unauthorized to act as such, having been appointed 
neither by the General Assembly nor by the Representatives of the Parish ; 
and in their management have failed to conform to that law of the State 
which required that they should meet the other Managers at the time and 
place fixed by law, for the purpose of counting the votes and declaring the 
election, after an exhibition of the results of the ballotings at the several 
precincts. It would open a door for much fraud and unfairness, if so great 
an irregularity should be countenanced as the meeting of the Managers ot 
a single precinct, in advance of the day fixed by law for the general meet- 
ing, and the counting of the votes and declaring the election with reference 
alone to the votes at such poll ; and equally mischievous would be the 
irregularity of permitting polls to be managed by unauthorized persons, 
who are in no manner amenable to law for their conduct. Strict adherence 
in these particulars to the election laws your Committee think of the highest 
importance ; nor can such strictness, under any circumstances, work preju- 
dicially or harshly. Persons interested have only need to m ke timely 
efforts to procure the appointment of proper Managers for their poll, or 5 
failing in this, to go to some adjacent precinct, where such Managers may 
be found. 

Your Committee are, for these reasons, of the opinion that the certificate 
presented by Mr. McGregor, based as it is alone upon the vote at the 
Hilton Head poll, cannot be recognized by this Convention. They have 
been very favorably impressed, and think it proper so to state, by his can- 



158 EEPOETS AND RESOLUTIONS. 

dor and unobtrusive deportment, and equally impressed by the evidences 
of good faith and propriety of purpose which have characterized the efforts 
of his constituency to obtain a representation in this body. 
They respectfully recommend the adoption of the following resolutions : 

Resolved, That this Convention recognizes Mr. Leroy F. Youmans as 
the duly elected Delegate from the Parish of St. Luke, and that he is per- 
mitted to sign the roll and take his seat in this Convention. 

Resolved, That a Pay Bill shall issne to Mr. David McGregor for such 
allowance, including two days' attendance on the Convention, as may be 
due him according to the rule of compensation to be fixed by the Con- 
vention. 

Eespectfully submitted, 

C. D. MELTON, Chairman. 
In Convention, Sept. 14, 1865. 

In the Convention, September 15, 1865. 
Resolved, That the Convention do agree to the report. 

By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



EEPOET OF THE SPECIAL COMMITTEE TO WHOM WAS EE- 
FEEEED THE CEEDENTIALS OF THE APPLICANT FEOM ST. 
HELENA PAEISH. 

The Special Committee, to whom was referred the credentials of Mr. 
James G. Thompson, the applicant for a seat in this Convention from St. 
Helena Parish, beg leave most respectfully to report : That after as careful 
and thorough an examination as, under the circumstances, they are able 
to make, they find the following to be the facts of the case : 

The voters of St. Helena Parish, on seeing the Proclamation of the Pro- 
visional Governor calling a Convention of the people of the State of South 
Carolina, were desirous of being represented in that Convention. On 
inquiry they found that none of the legally appointed Managers of Election 



KEPOETS AND RESOLUTIONS. 159 

were in the Parish ; that in fact no election had been held in that Parish 
since 1861, it having, during that year, fallen within the lines of the United 
States army, and continued so during the war. They thereupon addressed 
a communication to the Provisional Governor, stating the facts, and asking 
him to appoint Managers of Election ; he declined doing so, and referred 
them to the members of the Legislature from that Parish, as the proper 
persons to appoint such Managers. They then tried to find out who were 
members of the State Legislature from the Parish of St. Helena, but could 
not find them, and your Committee are not aware that there were any. 
As a last recourse, a meeting of the voters of the Parish was called on the 
29th August, 1865. At this meqrting they proceeded to ballot for Managers 
of Election, and the following named persons were elected, as appears 
from the minutes of the meeting, viz : John Conant, Elisha Codding, and 
John Hunn. Elisha Codding having declined to serve, John Heacock 
was substituted for him. On the 4th day of September, the day 
appointed, the Managers so elected proceeded to hold an election for 
a Delegate to this Convention. It appears that there are two election 
precincts in St. Helena Parish, one at Beaufort and the other on St. Helena 
Island. These Managers opened the polls at the usual place in Beaufort ; 
they also carried the box to the other precinct, but no voters appeared at 
this second precinct. The result of the election was that Mr. James G. 
Thompson received thirty-three votes, and Mr. H. G. Judd received five 
votes. They then gave Mr. James G. Thompson a certificate of election, 
and with this certificate he now presents himself, claiming a seat in this 
Convention. 

It appears to your Committee that the election was conducted fairly ; 
that the Managers, though irregularly appointed, were sworn before they 
entered upon the discharge of their duties ; that none were allowed to vote 
but those who were duly qualified as electors under the Constitution of the 
State, by having been residents of the State for two years, and of the 
election district six months previous to the election, and that they were 
also required to show that they had complied with the provisions of the 
Proclamation of the Provisional Governor, by having taken the Amnesty 
Oath. It appears that the voters of St. Helena Parish had endeavored in 
every possible way to have Managers appointed in a regular manner, but 
failed ; and that the present applicant was elected in good faith by bona fide 
citizens of the State of South Carolina. 

In view of these facts, your Committee respectfully recommend that Mr. 
James G. Thompson be allowed to enroll his name and take his seat as a 
member of this Convention. 

W. H. PEKBY, Chairman Committee; 



160 BEPOKTS AND RESOLUTIONS. 

In the (Invention, September 18", 1865, 
Resolved, That the Convention do agree to the report. 

By or&e? : 

JOHN T. SLOAN, 
Clerk of the Convention. 



KEPO&TS OF THE COMMITTEE ON WAYS AND MEANS. 

The Committee on Ways and Means, to which was referred the contin- 
gent account of Theodore Stark, report : That they have examined the 
same and find it correct, it being for articles purchased for the use of the 
Convention. They recommend that it be paid. Total $339.40. 

C. M. FUKMAN, Chairman. 

In the Convention, September 27, 1865. 
Resolved, That the Convention do agree to the report. 
By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



The Committee on Ways and Means, to which was referred so much of 
the Governor's Message as respects providing for the expenses of the Con- 
vention, and also the resolutions of the Convention respecting the pay and 
mileage of Members and the compensation of Officers of the Convention* 
respectfully report : That they have considered the subjects referred to 
them. They find that there are no funds in the State Treasury, and that 
the State is without present means of providing for its expenditure. It is 
therefore necessary to make special provision to meet the expenses of this 
body. Your Committee have ascertained that there are certain funds in 
the possession of the President and Directors of the Bank of the State of 
South Carolina, and they propose to procure the temporary use of said 
funds, or of so much thereof as may be necessary to meet those expenses. 



REPORTS AND RESOLUTIONS. 161 

These funds cannot be definitely appropriated to such purpose, and must 
be restored at the earliest period. Your Committee report herewith, an 
Ordinance to authorize the said President and Directors to advance said 
funds to the use of the Convention, and requiring the General Assembly 
to refund the same. The Committee further report that the arrangement 
made by them, provides for the expenses of a session of fifteen days, 
which will consist of the following items : The Pay and Mileage of Mem- 
bers, the Salaries of the Clerk, Messenger and Door-keeper of the Conven- 
tion. Your Committee recommend that the salary of the Clerk, according 
to a resolution adopted by the Convention, shall be the same as was the 
salary of the Clerk of the House of Representatives in 1860 ; and that the 
salaries of the Messenger and Door-keeper shall be fixed at one-half of the 
sum paid in 1860, to similar officers of the House of Representatives at the 
regular session. This, your Committee understand, will be satisfactory t 
those officers. Pay and Mileage of the Attorney-General and Solicitors 
attending the Convention, by order of the Governor, to be the same as 
that of Members of the Convention ; pay to the Keeper of the State 
House, to be the same as that allowed to the Messenger of the Convention ; 
the Engrossing Clerk, the same per diem and mileage as that of a Member; 
the cost of Printing to be paid to the Printer of the Convention, according 
to the report of the Committee on Printing, to which must be added some 
incidental expenses which cannot be specified. The Governor having been 
authorized to advance the sum of five hundred dollars to a Special Mes- 
senger to be sent to "Washington, your Committee recommend that said 
sum be included in the amount for which provision will be made under 
the Ordinance reported. The Committee further recommend that the 
various expenditures above referred to, be settled for with currency of the 
United States. But as an advance in gold coin will be required in order 
to procure the necessary amount of currency, the Ordinance reported 
provides for the restoration to the Bank of the coin so advanced, without 
diminution, or cost to the institution. The Committee further recommend 
that the funds raised be deposited in the Bank of the State of South Caro- 
lina, that the sum of five hundred dollars be subject to the draft of the 
Governor, and that the balance be subject to the order or drafts of the 
President of this Convention. 

C. M. FURMAN, Chairman. 
21 



162 REPORTS AND RESOLUTIONS. 

In the Convention, September 26, 1865. 
Resolved, That the Convention do agree to the report. 

By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



RFPORT OF THE COMMITTEE ON PRINTING. 

The Committee on Printing, to whom wag assigned the duty of procuring 
such printing to be done as shall be required by the Convention, and 
superintending the proper execution of the same, beg leave to report : 
That they have discharged the duty assigned them ; that after due notice 
to such parties as were supposed capable of doing the work, they have 
received proposals, only, from Mr. Julian A. Selby, of this city. He pro- 
poses to-do the printing of the Convention at the following rates : " One 
hundred and fifty copies of the daily Journal, Reports, Resolutions, &c, 
(the temporary work, as it is termed, ) at three dollars per printed page ; the 
size of the page to be six and a half by four inches, the paper to be of 
the first quality. Five hundred copies of the daily Journal, continued and 
paged, embracing the entire proceedings of the Convention, (termed the 
"permanent work,") at five dollars per page ; the whole to be stitched 
together, and the paper used to be of the best quality, and the entire 
work to be executed in a neat manner." 

Your Committee, believing that Mr. Selby is prepared to do the work as 
stated, and that the terms are sufficiently reasonable, recommend the adop- 
tion of the following resolutions : 

Resolved, That Mr. Julian A. Selby be appointed Printer to the Conven- 
tion during its present session, and that he be paid according to the rates 
above stated. 

Resolved, That the accounts of the Printer of this Convention shall be 
audited by the State Auditor ; allowing him the rates above designated, 
and that the said accounts, when so audited, shall be paid by such mode 
as this Convention shall prescribe. 

Resolved, That immediately after the Convention shall have terminated 
its present session, the several Ordinances, Reports and Resolutions adopt- 
ed by it, together with the Journal of its proceedings, be printed in 



EEPOKTS AND RESOLUTIONS. 163 

pamphlet form, and that five hundred copies be struck off for the use of 
the Convention, to be disposed of under the direction of the President. 
Respectfully submitted, 

W. A. LEE, Chairman. 

In the Convention, September 20, 1865. 
Resolved, That the Convention do agree to the report and resolutions. 
By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



REPORTS OF THE COMMITTEE ON ORDINANCES AND RESO- 
LUTIONS. 

The Committee on Ordinances and Resolutions, to which was referred a 
resolution to examine into the effect of the section of the Constitution 
requiring a six months residence in the District as a qualification for a 
member of the General Assembly, and those who have been obliged by the 
casualties of war to remain from their Districts, ask leave to report : The 
question submitted to the Committee is whether those persons who have 
been obliged by the casualties of war to remove from their Districts will be 
disqualified from taking and holding seats as members of the General 
Assembly, not having actually resided therein for six months previous to 
the election. 

Where one has an established domicil, a temporary absence, from neces- 
sity or choice, does not change it. There must be an actual removal, with 
an intention to change. 

No such case, as the one referred to in the resolution, has arisen and 
probably may not ; but if it does, each branch of the General Assembly are 
made the judges of the qualifications of the members of their respective 
bodies, and to them it may safely be confided. They therefore ask to be 
discharged from the further consideration of the subject. 
Respectfully submitted, 

T, N. DAWKINS, Chairman, 



164 EEPOETS AND RESOLUTIONS. 

In the Convention, September 26, 1865. 
Resolved, That the Convention do agree to the report. 

By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



The Committee on Ordinances and Resolutions, to which was referred 
certain resolutions in reference to the General Assembly of this State giving 
its consent without delay, after assembling, to the amendment proposed by 
Congress to the Constitution of the United States, prohibiting the exist- 
ence of slavery, &c, ask leave respectfully to report : The proposed amend- 
ment to the Constitution of the United States in relation to slavery is not 
properly before this Convention. It is true, as a condition precedent to 
the restoration of our rights in the Union, it is required that slavery be 
abolished. To that extent we acquiesce. We admit that slavery is abo. 
lished, and are ready to ordain that involuntary servitude shall not here- 
after exist ; but beyond that, it is not the legitimate province of this Con- 
vention to go. 

The Constitution of the United States provides the manner in which 
amendments thereto are to be made, to wit : by referring them either to the 
Legislatures of the several States, or Conventions thereof. The Congress 
proposing the amendment referred to have elected the mode of referring it 
to the State Legislatures. 

It is not desirable that this Convention should indicate what course the 
Legislature should pursue. We have done what we considered our duty 
required, and would leave to the Legislature the consideration of the pro- 
posed amendment, not doubting that they will promptly and in good faith 
faithfully discharge their duty. 

We therefore recommend that they do not pass. 
Respectfully submitted, 

T. N. DAWKINS, Chairman. 

In the Convention, September 19, 1865. 
Resolved, That the Convention do agree to the report. 

By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



REPOKTS AND RESOLUTIONS. 165 

The Committee on Ordinances and Resolutions, to whom was referred 
resolutions in regard to the appointment of an agent to proceed to the city 
of Washington, for the purpose of ascertaining from the President the 
condition of the lands called " abandoned lands," and also, of giving aid 
to citizens of this State in their applications for pardon, beg leave to 
report : That they have carefully considered the same, and recommend for 
the adoption of the Convention the following resolutions : 

1. Resolved, That the Provisional Governor is hereby authorized and 
empowered to appoint a competent agent to Washington, to ascertain from 
the President what is the conditior of the lands called ''abandoned lands " 
in this State, and how long it will be before owners of such lands will be 
restored to the possession of their property. And to act as the agent of 
citizens of this State in their applications to the President of the United 
States for pardons, and for the restitution of their real and personal pro- 
perty ; and also as agent of the Provisional Governor of this State in all 
matters which he may desire to bring through such agent before the Presi- 
dent or other officers of the United States Government. 

2. Resolved, That it shall be the duty of the aforesaid agent to report, 
fully, all his proceedings, and all the information he may obtain in regard 
to matters entrusted to his charge, to the Provisional Governor of the 
State ; in order that the same may be laid by him before the Legislature at 
its first session. 

3. Resolved, That the Provisional Governor is hereby authorized to 
advance five hundred dollars to the aforesaid agent, from any funds which 
he may be able to command, for the purpose of defraying the expenses of 
said agent, and report the same to the Legislature as a charge against the 
State. 

Respectfully submitted, 

J. WINSMITH, for Committee. 

In the Convention, September 18, 1865. 
Resolved, That the Convention do agree to the resolutions. 
By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



166 EEPOKTS AND RESOLUTIONS. 

RESOLUTIONS INSTRUCTING THE CLERK TO PERFORM CER- 
TAIN SERVICES. 

Resolved, That the Clerk of this Convention be charged with the super- 
vision of the printing of the Journal, Reports, Resolutions, and Ordi- 
nances, adopted by this Convention, in permanent form ; that he prepare 
and have printed with the same a complete index ; and that he be also 
charged with the distribution of the same, under the direction of the Pre- 
sident ; that he also shall prepare, and have substantially bound, a correct 
manuscript copy of the Journal, to be deposited in the Secretary of State's 
office. 

Resolved, That the Clerk be paid for said services, and for services as 
Clerk of the Convention, the same salary as was paid the Clerk of the 
House of Representatives in 1860. 

In the Convention, September 26, 1865. 
Resolved, That the Convention do agree to the resolutions. 

By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



RESOLUTION TO APPOINT COMMISSIONERS. 

Resolved, That a Commission, consisting of two persons, be appointed 
by his Excellency the Provisional Governor, to prepare and report to the 
next Legislature what laws will be necessary and proper in consequence of 
the alterations made in the fundamental law, and especially to prepare and 
submit a Code for the regulation of labor, and the protection and govern- 
ment of the Colored Population of the State ; and that the Legislature 
fix the compensation of said Commissioners. 

In the Convention, September 25, 1865. 
Resolved, That the Convention do agree to the resolution. 

By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



REPORTS AND RESOLUTIONS. 167 

RESOLUTION AUTHORIZING ENGROSSING COMMITTEE TO 
EMPLOY CLERKS. 

Resolved, That the Engrossing Committee bo authorized to employ one 
or more Clerks, as may be found necessary. 

In the Convention, September 16, 1865. 
Resolved, That the Convention do agree to the resolution. 
By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



Resolved, That Ordinances adopted by this Convention shall be en- 
grossed and then ratified, by being signed by the President and Clerk. 

In the Convention, September 15, 1865. 
Resolved, That the Convention do agree to the resolution. 
By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



Resolved, That the Hon. D. L. Wardlav r , the Hon. Alfred Huger, and 
the Hon. T. N. Dawkins, be a Committee to present to his Excellency the 
President of the United States the memorial of this Convention in behalf 
of the Hon. Jefferson Davis and A. H. Stephens, and of the Hon. A. G. 
Magrath and George A. Trenholm, and that the expenses cf said Commit- 
tee be defrayed out of the funds raised under the Ordinance of this Con- 
vention. 

In the Convention, September 27, 1865. 
Resolved, That the Convention do agree to the resolution. 
By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



168 EEPOETS AND BESOLTJTIONS. 

Resolved, That a Pay Bill do issue to Mr. John D. Alexander for the 
sum of thirty dollars, in compensation for his services in engrossing the 
Constitution of the State of South Carolina. 

In the Convention, September 27, 1865. 
Resolved, That the Convention do agree to the resolution. 

By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



Resolved, That the sum of two hundred dollars be appropriated as 
compensation for the use of the building in "which the meetings of the 
Convention have been held. , 

In the Convention, September 27, 1865. 
Resolved, That the Convention do agree to the resolution. 

By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



Resolved, That the General Assembly be requested to have the Consti- 
tution of the State adopted by this Convention, together with the several 
Ordinances and Kesolutions passed, published with the Acts and Resolu- 
tions of the General Assembly, at its next session. 

Resolved, That the Clerk of the Convention communicate this resolution 
to the General Assembly, at an early day of its session. 

In the Convention, September 27, 1865. 
Resolved, That the Convention do agree to the resolutions. 

By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



KEPOBTS AND BESOLUTIONS. 169 

Resolved, That the Keeper of the State House take charge of the various 
articles procured for the use of the Convention, which have not been con- 
sumed, and hold them subject for the use of the General Assembly. 

In the Convention, September 27, 1865. 
Resolved, That the Convention do agree to the resolution. 
By order : 

JOHN T. SLOAN, 
Clerk of the Convention. 



Resolved, By the Delegates of the People of South Carolina, in Conven- 
tion assembled, that we endorse the administration of President Johnson ; 
that we cordially approve the mode of pacification proposed by him, and 
that we will co-operate with him in the wise measures he has inaugurated 
for securing peace and prosperity for the whole Union. 

In the Convention, September 27, 1865. 
Resefoed, That the Convention do agree to the resolution. 
By order : 

JOHN T. SLOAN, 
# Clerk of the Convention. 



Resolved, That the acknowledgments of the Convention are hereby cor- 
dially rendered to the Hon. D. L. Wardlaw, for the ability, dignity and 
elegance which he has exhibited in discharging the important and delicate 
duties of the Chair. 

In the Convention, September 27, 1865. 

Resolved, That the Convention agree to the resolution. 

By order : 

JOHN T. SLOAN, 

Clerk of the Convention. 
22 



ORDINANCES. 



QKDINAJNCES. 



The Staxe of South Carolina. 

At a Convention of the People of the State of South Carolina, begun and 
holden at Columbia, on the thirteenth day of September, in the year 
of our Lord one thousand eight hundred and sixty-five, and thence 
continued by divers adjournments to the twenty-seventh day of the 
Same month and year. 

AN OBDINANCE 

To provide for the first ensuing Election of Governor and Lieutenant-Governor, 
and for Members of the first ensuing General Assembly of the State of South 
Carolina. 

We, the People of the State of South Carolina, by our Delegates in Convention 
met, do ordain : 

1. That on the third Wednesday in October next, elections shall be held 
for the offices of Governor and Lieutenant-Governor of the State of South 
Carolina, and for members of the Senate and House of Bepresentatives of 
the General Assembly of the State. 

2. That the Managers of Elections, throughout the State, shall give 
public notice of such elections, and on the day indicated shall open sepa- 
rate polls at their respective precincts for each of the said elections, and 
shall conduct the same, in all respects, in accordance with the laws and 
usages of this State. In case there be no regularly appointed Managers at 
any precinct, said elections shall be held and conducted by Managers for 
that purpose specially appointed by a majority of the persons who are now 
the Delegates of this Convention from the District in which such precinct 
lies, and vacancies among the Managers shall be in like manner filled. 

3. In the elections to the General Assembly, the Districts of Beaufort, 



174 ORDINANCES. 

Colleton, Orangeburg and Berkeley, shall each elect one Senator and on 
general ticket as many members of the House of Eepresentatives as were 
assigned by the last apportionment to the several Parishes comprised in 
each. The District of Georgetown shall elect one Senator and three Rep- 
resentatives. The District of Horry shall elect one Senator and two Eep- 
resentatives. The Election District of Charleston shall elect two Senators 
and twenty Representatives ; and all other Districts shall elect each one 
Senator and as many Representatives as were assigned to each by the last 
apportionment. 

4. That immediately after closing the polls, the Managers shall count the 
votes polled, and after making returns thereof, showing the number of 
votes polled for each person, shall certify the same under their hands, and 
appoint one of their number to carry such returns with a list of the voters, 
and report the same to the general meeting of the Managers of the Dis- 
trict ; which general meeting shall be held at the Court House of the Dis- 
trict on the day following the election ; except that the Managers for the 
Election District of Berkeley shall hold their general meeting at the city of 
Charleston, on the second day following the election, at 2 o'clock P. M. 
And the Managers, when so assembled in general meeting, shall, after as- 
certaining the result of the several returns, proceed to declare the election ■ 
of Members of the General Assembly, and shall furnish certificates, under 
their hands, of such elections to the persons entitled thereto. 

5. That the Members so elected shall meet in General Assembly, in 
special session, at Columbia, on Wednesday, the twenty-fifth day of Octo- 
ber next. 

6. That the Managers, when so assembled in general meeting, shall 
make separate returns of the results of the ballotings for Governor and 
Lieutenant-Governor, shall certify the same to the Secretary of State, 
under their hands, and shall forward to him such returns, each in a separate 
sealed envelope, appropriately endorsed, by a Messenger to be by them ap- 
pointed for that purpose, who shall be by them sworn to deliver and shall 
deliver the same, with the seals unbroken, to the Secretary of State at 
Columbia, on or before the fourth Monday of November next. 

7. That the Secretary of State shall, at such time as they may be required 
of him, deliver said returns to the Speaker of the House of Representa- 
tives, who shall, during the first week of the regular session, open and 
announce the said returns, declare the election and order the entering of 
the same on the Journal of the House. 

8. That the Messengers shall be entitled to receive out of the Treasury of 
the State a compensation equal to five dollars per diem, and twenty cents 

I 



OKDINANCES. 178 

per mile going to and returning from Columbia — the number of days and 
miles to bo ascertained by the Secretary of State, who shall certify pay bills 
therefor. 

9. That the Clerk of the Convention shall order the immediate printing 
of one thousand copies of this Ordinance, and forthwith distribute the same 
to the Managers of Elections throughout the State. 

Done at Columbia, the twenty-seventh day of September, in the year 
of our Lord one thousand eight hundred and sixty-five. 

D. L. WAKDLAW, Presidtnt of Convention. 

Attest: John T. Sloan, Clerk of Convention. 



176 OKDINANCES. 

The State of South Carolina. 

At a Convention of the People of the State of South Carolina, begun 
and holden at Columbia, on the thirteenth day of September, in the 
year of our Lord one thousand eight hundred and sixty-five, and 
thence continued, by divers adjournments, to the twenty-seventh 
day of the same month and year. 

AN OBDINANCE 

To declare in force the Constitution and Laws heretofore in force in this State, 
and the Acts, official, public and private done, and appointments and elections 
made under authority of the same. 

We, the People of the State of South Carolina, by our Delegates in Convention 
met, do ordain : 

1. That the Constitution of this State, as ordained and established by 
the People in Convention at Charleston, on the eighth day of April, in the 
year of our Lord one thousand eight hundred and sixty-one, is in force, 
except as amended or altered by this Convention. 

2. That all laws, orders, resolutions and rules, ascertaining the rights of 
persons, natural or artificial, or regulating proceedings in the Courts of 
Law or of Equity, which were of force in this State on the nineteenth day 
of December, in the year of our Lord one thousand eight hundred and 
sixty, are now in force, and shall so continue until altered, modified, 
repealed or avoided by proper State authority, except in so far as the same 
or any of them have or has been, since that time, so altered, modified, 
repealed or avoided. 

3. That all Acts and Eesolutions of the General Assembly of this State, 
which have been passed, adopted or ratified, since the nineteenth day of 
December, in the year of our Lord one thousand eight hundred and sixty 
aforesaid, are now in force and shall so continue until altered, modified, 
repealed or avoided by proper State authority, except such as have expired 
by their own limitation, or by reason of the cessation of the causes which 
occasioned their enactment ; not, however, including within this exception 
the Act of Assembly prohibiting the collection of debts, usually known as 
the Stay Law. Provided, however, That all laws, resolutions, orders or 
rules, embraced within the terms of this and the preceding section, which 
recognize the existence of slavery and regulate the relations of master and 
slave, and define and enforce the rights and duties growing thereout, or 
create and punish offences against such rights or against the public policy 



OEDINANCES. 177 

of the State in reference to slavery, have become of no further or futuie 
force or effect, by reason of the extinction of slavery. 

4. That all official Acts in the Executive and other Departments of th« 
Government of this State, judicial proceedings, rules of Court, sales, con- 
veyances, contracts, obligations, instruments of writing and transactions 
affecting rights of person or property, had, made, executed or incurred, 
since the nineteenth day of December, in the year of our Lord one thou- 
sand eight hundred and sixty, have, and shall continue to have in all 
respects, the same force, effect and validity, as if the same had been made, 
executed or incurred during a time of peace, and as if the Ordinance of 
Secession had not been passed : Provided, That in every action arising on 
any contract, whetker under seal or parole, written or oral, made between 
the first day of January, in the year of our Lord one thousand eight hun- 
dred and sixty-two, and the fifteenth day of May, in the year of our Lord 
one thousand eight hundred* and sixty-five, it shall be lawful for either 
party to the action to introduce testimony showing the true value and real 
character of the consideration of such contract at the time it was made, so 
that regard being had to the particular circumstances of each case, such 
verdict or decree may be rendered as will effect substantial justice between 
the parties : And, provided further, That all prosecutions now pending 
under any Act or Acts of the General Assembly, passed to aid or assist in 
the war against the United States, shall be discontinued. 

5. The General Assembly of this State is hereby forever prohibited from 
passing any law imposing civil disabilities, forfeiture of property, or of 
other rights, or punishment of any kind, on any citizen or resident of this 
State, or person owning property herein, for the relation of such citizen, 
resident or person to, or his or her conduct in reference to the late secession 
of this State from the Federal Union, or the war which grew out of the 
same, or for any participation, aid, counsel or assistance therein. 

6. The Judges of the several Courts in this State, and other judicial 
officers, the Attorney-General and Solicitors, President and Directors of 
the Bank of the State of South Carolina, the Secretary of State, Commis- 
sioners of the Treasury, Surveyor- General and all District and other officers 
who derive their authority from or under the Executive, Legislative or 
Judicial Departments, who were holding and exercising office before and 
on the twenty-sixth day of April last, or had before that day been elected 
thereto, are, in the regard of the State, (except where vacancies have since 
occurred, or may occur by reason of death, expiration of term, or other- 
wise, under the laws of the State,) still holding their respective offices, and 
are entitled to hold and exercise the same by the original tenure thereof, 

23 



178 OKDINANCES. 

for the residue of the terms for which they were severally elected or ap. 
pointed : Provided, however, That every person so holding office has here- 
tofore taken and subscribed, or shall, before the first day of December next, 
take and subscribe before some officer properly authorized to administer 
the same, the oath prescribed and required in the Proclamation of His 
Excellency Andrew Johnson, President of the United States, of the twenty- 
ninth day of May last, commonly called the " Amnesty Proclamation," 
and upon failure to comply with the requirements of this proviso, the 
office of such person shall be thereupon vacant, and shall be filled in the 
manner provided by law in cases of vacancy otherwise occurring. 

Done at Columbia, the twenty-seventh day of September, in the year 
of our Lord one thousand eight hundred and sixty-five. 

D. L. WAKDLAW, President of the Convention. 

Attest : John T. Sloan, Clerk of the Convention. 



ORDINANCES. 179 

The State of South Carolina. 

At a Convention of the People of the State of South Carolina, begun 
and holden at Columbia, on the thirteenth day of September, in the 
year of our Lord one thousand eight hundred and sixty-five, and 
thence continued by divers adjournments to the twenty-seventh day 
of the same month and year. 

AN ORDINANCE 

To Provide for the Expenses of the Convention, 

We, the People of the Stale of South Carolina, by our Delegates in Conven- 
tion met, do ordain, 

That the President and Directors of the Bank of the State of South 
Carolina be, and they are hereby, authorized to advance to the use of the 
State from any funds now in their possession and under their control, a 
sum not exceeding thirteen thousand pollars in gold coin ; and the faith 
and credit of the State are hereby pledged for the repayment of the said 
sum in gold coin, to the said President and Directors. And the said sum 
so advanced shall be subject to the order of this Convention. That the 
General Assembly of this State shall at its next session provide for the 
repayment of the said sum of thirteen thousand dollars in gold coin, 
with interest", to the said President and Directors of the Bank of the State 
of South Carolina. That for the sum or sums to be advanced under this 
Ordinance, a certificate or certificates shall be issued, signed by the Presi- 
dent of this Convention, in the form following, that is to say : "The 
State of South Carolina. Be it known that there is due from the State of 
South Carolina to the President and Directors of the Bank of the State of 

South Carolina, the sum of in gold coin, to be paid to the 

said President and Directors, with interest from the date hereof, within 
six months from the date of this certificate ; the said sum having been 
advanced to the use of the State, under an Ordinance of the Convention 
of the People of the State, convened at Columbia, on the thirteenth day 
of September, in the year of our Lord one thousand eight hundred and 

sixty-five. Done at Columbia, this day of , in the year of 

our Lord one thousand eight hundred and sixty-five." "Which certificate 



180 OBDINANCES. 

or certificates so executed shall be binding upon the State, and payable 
out of its Treasury. 

Done at Columbia, the twenty-seventh day of September, in the 
year of our Lord one thousand eight hundred and sixty-five. 

D. L. WABDLAW, President of the Convention. 

Attest : John T. Sloan, Clerk of the Convention. 



OKDINANCES. 181 

The State of South Carolina. 

At a Convention of the People of the State of South Carolina, begun 
and holden at Columbia, on the thirteenth day of September, in the 
year of our Lord one thousand eight hundred and sixty-five, and 
thence continued by divert adjournments to the nineteenth day of 
September, in the same year. 

AN OKDINANCE 

To Repeal the Ordinance of Secession. 

We, the People of the State of South Carolina, by ov.r Delegates in Conven- 
tion met, do ordain, 

That the Ordinance adopted by us in Convention on the twentieth day 
of December, in the year of our Lord one thousand eight hundred and 
sixty, entitled an ■ 'Ordinance to dissolve the Union between the State of 
South Carolina and other States united with her, under the compact en 
titled 'The Constitution of the United States of America,' " is hereby 
repealed. 

Done at Columbia, the nineteenth day of September, in the year of 
our Lord one thousand eight hundred and sixty-five. 

D. L. WAEDLAW, President of the Convention. 

Attest : John T. Sloax, Clerk of the Convention. 



182 ORDINANCES/ 

The State of South Caeolina. 

At a Convention of the People of the State of South Carolina, begun and 
holden at Columbia, on the thirteenth day of September, in the year 
of our Lord one thousand eight hundred and sixty-five, and thence 
continued by divers adjournments to the twenty-seventh day of the 
same month and year. 

AN ORDINANCE 

To divide the State into four Congressional Districts. 

We, the People of the Stale of South Carolina, hy our Delegates in Convention 
met, do ordain : 

1. That the State of South Carolina shall be, and the same is hereby, 
divided into four Congressional Districts, as follows, namely : First Con- 
gressional District, to be composed of the Judicial Districts of Lancaster, 
Chesterfield, Marlborough, Darlington, Marion, Horry, Georgetown, Wil- 
liamsburg, Sumter, Clarendon and Kershaw ; Second Congressional Dis- 
trict, to be composed of the Judicial Districts of Charleston, Colleton, 
Beaufort and Barnwell ; Third Congressional District, to be composed of 
the Judicial Districts of Orangeburg, Edgefield, Abbeville, Lexington, 
Newberry, Richland and Fairfield ; and the Fourth Congressional District, 
to be composed of the Judicial Districts of Anderson, Pickens, Greenville, 
Laurens, Spartanburg, Union, York and Chester. 

2. That until the next apportionment be made by the Congress of the 
United States, each of the said Congressional Districts shall be entitled to 
elect one member to represent this State in the Congress of the United 
States. 

Done at Columbia, the twenty-seventh day of September, in the year 
of our Lord one thousand eight hundred and sixty-five. 

D. L. WARDLAW, President of the Convention. 

Attest : John T. Sloan, Clerk of the Convention. 



LIST OF MEMBERS 

OF 

THE CONVENTION. 



I 



i 



o 

zn 



H-3 

s 

I 



O 
H 

P 

o 

o 

ft 

o 






1C 






CQ 

O 


CO 
tH 


w 


Ph 




a 


e-T 






t— 1 




bH 


w 


w 




ft 


H 


P^ 




Ph 


o 


O 




Ph 


Eh 




c/2 


O 





<1W 



'S S sis 

r3 



<D © 
rM W C3 O , <*{ C5 1? <^ T 1 ^" pJ 13 K^ K^ n-i . ^-i ,^3 O 



rr\ ^ ^ f< r-\ r 







£3 



b^ ° 9 N 



^M'l.s^^ 



ri rf £ 



j* - a © © _r.a _§ 2 © _r a 



S ti d Oh^ O O O O-h ^ h h 3 hcJ ei 

<jWpqpqpqpqpqpqpqpqpq«pq^pqpqQQ 



24: 



186 



LIST OF MEMBEBS. 






J§>J 



03 03 03 

s S & 



03Ob£03!20JPj0303030303^03plPl0303£032 



n 



d o 



o £ fl fl fl 



g c3 eS * c3 CO ci 



S 3 -£ « 3 -*f -*2 c3-£.3 £vd Pj "£ p3 



C3 r3 h^ ^ £ ,5 3 C3 ,5 pS rS J3 ^ ,3 g g ,3 P3 grS S 03 pi 



Id 



h3Ph 

T3 



Ph Ph H O 



3 o - 

CL 03^ 






— 1 
o fe 

Ph ■+* ■** 
•rH Q) -+3 

r^ ^ PJ 

PJ 03 S 



Ph £>- ^q^ft^ftaftggPHpH 



Ph 



ft 



W dSSd 



M 



• r3 . • to « 

Pi ^ ,M £ P" 3 



!3 O' 



PI 
O _ 



PM 



02 CO 

rt S s 

J " ft 



PI 
&£ Pi 






PJ 
Pt-5 



9' 

2 03 o 

Q 



b; 03P^. r p} y P. q "tf n ^ 00 02 H57 M W l^j oq 
£ ep! o £ S C3 fcn 2P S 03 0> _g _£ 03^^ 03 



H 

^ ° 

CS 03 C3 

^ j£. 02 ?H 

c3 03 P3 03 c3 



W g 



^^^,£5 Pi ftO 03 *2A&+Z*Z£X C3 0^03^1^^ 

OH8<!^0QOHl0QOC)0Q02QOfeOrtSoO 



& 9 g 
Pl_rJ 03 

pi o^: 



?50 &! 



PI 

-.2 

§ "3 j5 j3 ^ 

HO. , 

ftHcOcO 



O ftp, 
03^p.P? 

^pHfL, 



_=§r3 p 



<1 03 • 

bo 



o 



M 



■ a pF ^ pj j3 

pin 

QQQfifi 



r3 "75 03 



Ph S' 



O 



2 O h «3 O S 

pi, tJDf" 1 
GO § 



fl3 (11 ' — ! 



CO 






5W- 



N «73 pi Pi 
O PS PS Pi 

flQfiP 



^ o S 
rt eg cj 



C5 



03 -m ^? 03 03 F S 
O gr^ O^ g^ 

-^ CO j^ •" -^ 



co ^ -z CO CO 

Pj c3 O PI Pi 
Pi pj - ft ft 

a acoaa 



03 rt 




flflS 



o 



03 pj 




CO 



03 03 r^ 

;co 



** ^ 02 r-H rig 



COQ 

1 



B*5 h.2 o 



a^ a 
§a §S 

03 03, 03 03 
WMWW 



r*4 

C3 Z 

rH Pi 

M5 



LIST OF MEMBEKS. 



187 



•S .2 

"o ]© 

*C *C/3 



fc i 



in « d 

'Ph ©Ph 



a 



° § § * £ CJ ^-r5_rt^3 tf rt rt rtjs'ja 






*Hi? 



o >■ j>- j> ^ irJ p- fl w fl 
5» • • • *H • *T* © * * __■ 



f-m w w v*^ >*/ vfc» ■«•»• 
« ^_> -M -t-* -»-> >-. >* 



M^M 



■+* 5 !zj 



jdo 






OAA 



,pH <T) 



9Ja £ 

O "r © 

'3 IS 



a 
o o 

■+3 -43 

f> © CD 

r^2 rt rt 

<1QQ 



WOH^^M 



C4r 



5 



d3M 



W W W W 

SWo d d d 



g go JO ^od « J gO o g dd § fl i>^ 



ilBS'Stfllfe-g'&'Bl 



© © © pj 












CO O 

SKI 



rt rt rt cS -+3 



s ,8 £ fl h ' 



- < a r © r © r 3 r o S S'S 3 rt © Mid 



n ^sl.i'Si^ 8 3 S § J 1 1 



Pi 

o , 






H r U r O~ 



pq 
I| 

rt O 



^U rt 
rt w 

^^ 

<d d © 
§ S^ 



jj -43 -^ -*J 



Q 



^ ©Ph 



oS 



So? 



H 



^^ 



d^5 



O 



W 



_ © 
M d9 
rt<^ 
ft 



1^ 






Sm 









P 



>3 2 .o g.5 



^fe a 1 ! fl"S q 60^-3 5g $ *«■% l^rf 






K CO CD _ 

- a fd *-T 
>^© © © 

M O O w 

P^P^PHP^ 



188 



LIST OF MEMBERS. 



-4^ u u u 

rt © © © 

s a a a 
©KSK 



» 03rH C?,C3 i 1 i 1 <3 r—i r-H C3 C* . . 



/i> r ." rt-i i^-\ m 1T1 r-« ■ -» 



g g ^ ^ g gj? ^ g &£ * g g 



2 C3' - 

©*h}Ph 



qj ©'©"©" 

O m « 

©*Sdpm 



© © 






JgfJ 



o o 
o 



O 



W 



w 



^H^PMP- I 

Q 



Pm 



£.« 












o a p 

© *H 

?h ® S° 

f^ fc^ ^ l-H r^H K^ Orfl © £= « O © O QJ pi-' kT ^ OJT* ^ L2 -3 fi^ 



« g a 



Jig "8 ^^ 



K 

?-• I— 4 

fl PH PJ 

o3 © O 

o3 © j3 




© af 1 "* 

d ©_r- 

© > *■£ 

>• c3 © 

e © © 












tff 



INDEX 

TO THE 

JOURNAL OF THE CONVENTION 

SEPTEMBER, 1865. 



A. 

Agent to reside at Washington. (See resolutions by Messrs. Frost, 
E. W. Pickens.) 

Alexander, John D., pay bill issued to. (See resolution by Mr. Mel- 
ton.) 

Assembly General. (See General Assembly.) 

B. 

Bill of Bights. (See resolutions by Messrs. McGowan, Perry, F. W. 
Pickens.) 

C. 

Church, Baptist, Convention assembled in 3 

Church, Baptist, compensation for use of. (See resolution by Mr. 

Furman.) 
Clerk of the Convention. (See resolution by Mr. Orr, 5 ;) appointed 10 
Clerk to perform certain services. (See resolution by Mr. Bobertson. ) 
Colored persons and negroes, testimony of. (See resolution by Mr. 

Macbeth.) 
Committees, Standing. (See resolutions by Messrs. Bion, Orr, 

Boyce, Lesesne.) 

Committees, Standing appointed 25, 27, 97 

Committees, Special appointed 5, 6, 22, 39, 50, 125 

25 



190 INDEX. 

Committees of the "Whole 105, 134 

Commission to report to next General.Assembly. (See resolution by 
Mr. Thomas Thomson.) 

Convention, delegates assembled, 3 ; additional attended 10, 25, 39, 

49, 68, 97 
Convention, daily sessions of, to be opened with prayer. (See reso- 
lution by Mr. Winsmith.) 

Convention, daily recess of 74 

Convention, business of. (See resolutions by Messrs. Aldrich, Con- 
ner, Lesssne.) 
Convention, expenses of to be provided for. (See resolution by 

Mr. Eobertson.) 
Convention, unfinished business of. (See resolution by Mr. Orr.) 
Convention, adjournment of. (See resolutions by Messrs. Orr, 
Melton.) 

Convention, adjourned sine die 135 

Comptroller-General, election of. (See resolution by Mr. Orr.) 
Congress, United States, representation in. (See resolution by Mr. 

Boiling.) 
Constitution, adopted 1861, to be printed. (See resolution by Mr. 
Farrow.) 

Constitution ratified 133 

County, to substitute for "District." (See resolution by Mr. Moses.) 
Courts, Inferior. (See resolution by Mr. Boiling.) 
Courts, to establish. (See resolution by Mr. Beatty.) 
Courts of Appeal, sittings of. (See resolution by Mr. Sullivan.) 
Courts, testimony of colored persons and negroes in. (See resolution 
by Mr. Macbeth.) 

D. 

Davis, Hon. Jefferson, Memorial in behalf of. (See resolution by 

Mr. William Wallace.) 
Delegates. (See Members. ) 

Delegates, enrolled their names, &c 3 

Delegates, additional enrolled their names, &c .... 10, 25, 39, 49, 53, 68, 97 
Districts, Judicial and Election. (See resolution by Mr. Tillman.) 
Districts, Judicial and Election, new. (See resolution by Mr. Tillman.) 

Door-keeper appointed 10 

Dunkin, Hon. B. F., called to the chair 134 



INDEX. 191 

E. 

Elections, General, day for. (See resolution by Mr. Lesesne.) 

Elections by General Assembly or cither House to be "viva voce." 
(See resolution by Mr. Orr.) 

Elections, President and Vice-President. (See resolution by Mr. 
Sullivan.) 

Engrossing Committee authorized to employ Clerks. (See resolu- 
tion by Mr. Melton. ) 

Executive Committee, report of on various matters «^)5, 98 

G. 

Gary, Gen. M. W., invited to seat on floor of Convention 68 

General Assembly, biennial meetings of. (See resolution by Mr. 

Beatty.) 
General Assembly, apportionment of representation. (See resolu- 
tions by Messrs. Orr and Winsmith.) 
Governor, Provisional, Convention assembled by proclamation of . . 3 

Governor, Provisional, Message No. 1 10, 19, 36, 40, 74 

Governor, Provisional, Message No. 2 130 

Governor, election of, term of office of, &c. (See resolutions by 

Messrs. Beatty, Orr, Sullivan.) 
Governor, qualified veto power of. (See resolution by Mr. Bion). 
Governor, residence of. (See resolution by Mr. McMaster) . 

H. 

Hampton, Gen. Wade, communication from 119 

House of Representatives, number, representation, &c. (See reso- 
lutions by Messrs. Orr, Winsmith). 

House of Representatives, qualifications of certain members as to 
residence. (See resolution by Mr. J. G. Thompson). 

House of Representatives, property qualifications of. (See resolu- 
tions by Mr. Inglis). 



Immigration, encouragement of. (See resolution by Mr. Norwood). 
Internal Improvements. (See resolutions by Messrs. Boiling, Wage- 
no v. Dudley), 



192 INDEX. 

J. 

Johnson, President United States, administration of. (See resolu- 
tion by Mr. Simonton). 

L. 

Laws to continue of force, &c. (See Ordinance by Mr. Inglis and 

resolution by Mr. McGowan.) 
Laws to be reported by a commission. (See resolution by Mr. Tlios. 

^yhomson.) 
Laws, ex post facto. (See resolution by Mr. Reed.) 

Legislative Department, report of Committee on various matters . . 50, 69, 

77, 81, 86, 87 

M. 

Magrath, Hon. A. G., memorial in behalf of. (See resolution by 

Mr. Wm. Wallace.) 
Members. (See delegates.) 
Members, qualifications of certain as to residence. (See resolution 

by Mr. J. G. Thompson.) 

Members, asked and obtained leave to record votes 33, 40, 71, 77, 133 

Members, leave of absence granted to 65, 80, 114 

Message No 1 from Provisional Governor, 
Message No. 2 from Provisional Governor. 

Messenger appointed 10 

McGregor, Wm. C, appointed Messenger. . 10 

McGregor, D. , communication from 25 

McGregor, D. , invited to seat on floor of Convention 25 

McMaster, F. W. , appointed Secretary pro tern. 

Militia organization of. (See resolution by Mr. Smart.) 

Moses, F. J., called to the chair. 

HT. 

Norwood, J. H. , appointed Secretary pro tern 25 

0. 

Oath of office. (See resolution by Mr. Boiling.) 
Oath, additional for Members General Assembly. (See resolution 
by Mr. Herndon.) 



INDEX. 193 

Ordinance, to repeal the Ordinance of Secession, passed 20th De- 
cember, 1860, by Mr. F. W. Pickens 7, 22, 27 

Ordinance to repeal the Ordinance of Secession, by Committee. ... 27, 65 

ratified 65 

Ordinance to declare in force certain laws, acts, official appointments, 

elections, See., by Mr. Inglis. ..10, 32, 43, 68, 100, 121, 125, 128, 133 

ratified 133 

Ordinance to abolish slavery in this State, by Mr. Inglis 19, 33 

Ordinance to declare slavery abolished in South Carolina, and pro- 
hibit its re-establishment, by Mr. Lesesne 27, 40, 59 

Ordinance to divide Pickens District into two Election and Judicial 

Districts, by Mr. Orr 46, 53 

Ordinance to provide for the first ensuing election of Governor and 
Lieutenant-Governor, and for Members of the first ensuing 
General Assembly of the State, by Mr. Melton. 100, 123, ratified 133 

Ordinance to provide for the expenses of the Convention, by Com- 
mittee 97, 117, ratified 133 

Ordinances, &c, to be published with Acts, &c, of the next General 
Assembly. (See resolution by Mr. Melton.) 



Perry, Hon. B. R, Provisional Governor, Message No. 1 from. .10, 19, 36, 

40, 74 

Perry, Hon. B. F., Provisional Governor, Message No. 2 from 130 

Petition presented by Mr. J. G. Thompson 131 

Policy, National. (See resolutions by Messrs. Dunovant and Ham- 
mond.) 

President of Convention, ballots for 5 

elected 5 

President and Vice-President United States, Electors of. (See reso- 
lutions by Mr. Sullivan. ) 

Press, Reporters for admitted ." 9 

Printing, report of Committee 68 

a. 

RESOLUTIONS INTRODUCED IN THE CONVENTION. 

By Mr. Aldrich. In relation to the policy of the State, and the 

business of the Convention 6 

By Mr. Andrews. Admitting reporters of the press 9 



194 INDEX. 

By Mr. Beattj. In relation to term of office of Governor, &c 25 

By Mr. Beatty. In relation to biennial meetings of General Assem- 
bly 26, 49 

By Mr. Beatty. In relation to establishing certain courts 26 

By Mr. Black. In relation to prohibiting the exemption of certain 

property from taxation 101, 105 

By Mr. Boiling. In relation to the number of Bepresentatives in the 

United States Congress, and re- districting the State. . . .40, 57, 75, 123 

By Mr. Boiling. In relation to prescribing oath of office. . 57 

By Mr. Boiling. In relation to establishing Inferior Courts 26, 58 

By Mr. Boiling. In relation to prohibiting appropriations for in- 
ternal improvements, &c 27, 54, 5S 

By Mr. Boyce. To appoint a revisory committee 97 

By Mr. Conner. Kestricting the action of the Convention 33 

By Mr. Conner. Prescribing the qualifications of voters 37 

By Mr. Conner. Appointing a committee to present memorials in 

behalf of Hon. Jeff. Davis and others 125 

By Mr. Dudley. In relation to requiring a tvro-thirds vote to ap- 
propriate money for internal improvements, &c 54, 58, 109 

By Mr. Dunovant. Indicating the policy of the State, and refer- 
ring the subject of slavery to the Legislature 46, 53 

By Mr. Farrovr. To have Constitution of 1861 printed 23 

By Mr. Farrow. Proposing section for Bill of Bights, in relation to 

exempting voters from arrest 53, 58 

By Mr. Frost. For aj)p ointment of committee to prepare Eules .... 6, 10 
By Mr. Frost. For appointment of an Agent, at Washington, to at- 
tend to the interests of the State, &c 40 

By Mr. Furman. Instructing State House Keeper to perform certain 

services 131 

By Mr. Furman. Appropriating a certain sum for the use of the 

Building for the Convention 131 

By Mr. Hammond. Indicating a National policy 41, 59, 95, 100, 134 

By Mr. Henery. In relation to organizing the public schools, &c. . 54, 59 ; 
By Mr. Herndon. Proposing additional oath for Members of Gen- 
eral Assembly , 57, 75, 97 

By Mr. Inglis. For the appointment of Standing Committees ,..'.. 6, 19 
By Mr. Inglis. For the appointment of an additional Standing 

Committee .,...,.. , . , . ,.,.... . .,...".,.. 22 

Bv Mr. Inglis. In relation to amend; ConstitutioB of tho 

. 



INDEX. 105 

By t Mr. Inglis. In relation to amending the Constitution so as in 
omit property qualification for a seat in House of Representa- 
tives, &c., &e 49, 57 

By Mr. Inglis. In relation to the adjournment of the Convention. . . 131 

By Mr. Jones. In relation to the basis of a capitation tax 100, 103 

By Mr. Lesesne. To restrict the action of the Convention 22 

By Mr. Lesesne. In relation to ratification of Ordinances 27 

By Mr. Lesesne. Fixing a certain day for all popular elections, &c . . 27, 50 
By Mr. Lesesne. For the appointment of an additional Standing 

Committee 27 

By Mr. Macbeth. Providing that all taxes shall be laid on the 

actual value of property 37, 53, 87 

By Mr. Macbeth. Providing that colored persons and negroes be 

permitted to testify in the Courts in certain cases. . .41, 58, 100, 114 
By Mr. Melton. Authorizing Engrossing Committee to employ 

clerks 37 

By Mr. Melton. For adjournment of the Convention sine die 133 

By Mr. Melton. That pay bill issue to John D. Alexander 134 

By Mr. Melton. Bequesting General Assembly to publish Ordi- 
nances, &c. , "with the Acts of, &c 134 

. By Mr. McGowan. Prescribing qualifications of voters 30, 50, 95, 105 

By Mr. McGowan. Prohibiting re-establishment of slavery 31, 53 

By Mr. McGowan. Providing for personal protection, &c. , &c 31 

By Mr. McGowan. To continue in force all laws now of force in the 

State, &c, &c. , <fcc . . . . -. 31 

By Mr. McMaster. In relation to the place of residence of the Gov- 
ernor 68 

By Mr. Norwood. In relation to encouraging immigration 54, 5g 

By Mr. Moses. Proposing to substitute the word ' 'County" for the 

word ''District," in the Constitution 51 

By Mr. Orr. That officers of the Convention be appointed by the 

President 5 

By Mr. Orr. For the appointment of Standing Committees 29 

By Mr. Orr. In relation to the election of Governor and Lieutenant- 
Governor, basis of representation, election of Judges, and 
other officers, prohibiting slavery, that elections by Legislature 

shall be "viva voce" 21, 40, 42, 58, 68, 100 

By Mr. Orr. Providing for election of Secretary of State, Comp- 
troller-General and Treasurer 100 

By Mr. Orr. Ordering all unfinished business to be laid on the table 134 



196 INDEX. 

By Mr. Perry. Oroposing Bill of Bights for the Constitution. . .43, 49, 57 
By Mr. F. W. Pickens. Providing for appointment of an Agent at 

Washington in relation to "Abandoned Lands." 30 

By Mr. F. W. Pickens. Proposing Bill of Bights for the Constitu- 
tion 43, 44, 49, 57 

By Mr. F. W. Pickens. In relation to exemption of Beal Estate from 

Levy and Sale, under certain conditions 105, 119 

By Mr. Beed. In relation to "expost law," &c 47 

By Mr. Bion. For the appointment of Standing Committees 19, 20 

By Mr. Bion. Proposing clause for the Constitution 19, 32 

By Mr. Bion. Proposing to give the Governor a qualified veto. 99, 105, 112 
By Mr. Bobertson. Instructing the Clerk to perform certain services, 116 
By Mr. Bobertson. Providing for expenses of the Convention . 50, 97, 117 
By Mr. Simonton. Endorsing administration of President Johnson . 126 

By Mr. Smart. Providing for organization of a militia force 42, 39 

By Mr. Sullivan. For restoring political relations with the United 

States, providing for election of Governor, &c 20, 32, 40, 42, 49 

By Mr. Tillman. In relation to Judicial and Election Districts, basis 

and apportionment of representation 35, 53 

By Mr. Tillman. Providing for new Judicial and Election Districts. . 53, 59 
By Mr. J. G. Thompson. In relation to the qualifications of resi- 
dence of certain members 97, 123 

By Mr. Thomas Thomson. Providing for appointing a commission 
to report to next Legislature a code for government, &c. , of 

colored population, what laws will be necessary, &c 103 

By Mr. Wagener. In relation to fostering internal improvements, &c. 37, 53 
By Mr. William Wallace. Proposing memorial in behalf of Hon. 

Jefferson Davis and others 29, 125 

By Mr. Winsmith. Providing that negro slavery nor involuntary 

servitude shall hereafter exist in this State, &c 30, 53 

By Mr. Winsmith. In relation to the apportionment of the Gene- 
ral Assembly 46 

By Mr. Winsmith. Providing for opening sessions daily with 

prayer * 8 

By Committee Whole. Of acknowiedgments to Hon. D. L. Ward- 
law, President of the Convention 134, 135 

Beal Estate, exemption from levy and sale. (See resolution by Mr. 

F. W. Pickens.) 
Representation, basis of. (See resolution by Mr. Orr.) 



INDEX. 107 

Eights, Bill of. (See resolutions by Messrs. Pickens, Perry, and 
McGowan. ) 

Bales for Convention adopted 6, 10, 75 

Kules, notice to amend 40, G7, 77, 87, amended 08, 75, 8G 



Secretaries ^/'cy tern of Convention appointed 3 

Secretary of State, election of, &c. (See resolution by Mr. Orr.) 
Schools, public. (See resolution by Mr. Henery. ) 
Slavery. (See resolutions by Messrs. McGo^van, Orr, Winsmith, 
Dunovant, and Ordinances by Messrs. Inglis and Lesesne.) 

Sloan, John T., appointed Clerk of Convention 10 

State, credit of not to pledge. (See resolutions by Messrs. Boiling 

and Dudley.) 
State policy. (See resolutions by Messrs. Dunovant and Hammond. ) 
State House Keeper, to perform certain services. (See resolution 

by Mr. Furman. ) 
Stark, Theodore, account of, for contingent expenses of Conven- 
tion 128, 131 

Stephens, Hon. A. H., memorial in behalf of. (See resolution by 
William Wallace.) 

St. Helena Parish, credentials of Delegate from 39, 51 

St. Luke's Parish, returns of Managers of election for 6, 10 

Sullivan, C. P., called to the Chair 105 



Taxation, property of corporations, &c, not to be exempted from. 

(See resolution by Mr. Black. ) 
Tax, capitation, basis of. (See resolution by Mr. Jones.) 
Taxes, to be levied on actual value of property. (See resolution by 

Mr. Macbeth.) 
Treasurer of the State, election of, &c. (See resolutions by Messrs. 

Orr and Sullivan.) 
Trenholm, Hon. George A., memorial in behalf of. (Sec resolution 

by Mr. William Wallace.) 

Voters, qualifications of. (.See resolutions by Mr. McGowan.) 
26 



198 INDEX. 

W. 

Wardlaw, Hon. D. L., elected President of the Convention 5 

Wardlaw, Hon. D. L., address of „. 135 

Washington, D. C, Agent of the State to reside at. (See resolu- 
tions by Messrs. Frost and F. W. Pickens). 
Windsor, James, appointed Doorkeeper. 



EKEATA. 

Page 45, fill blank on last line with the word "detriment." 

Page 51, for "Yeas 06," read 'Teas 56." 

Page 133, 8th line from bottom for "Ordinances was" read "Ordinances 
were." 



I N I) E X 

TO THE 

KEPOKTS AND RESOLUTIONS 

ADOPTED BY THE CONVENTION, 

SEPTEMBER, 1865. 



REPORTS OF SPECIAL COMMITTEES. 

On matter of election of Delegate from St. Luke's Parish 155 

On credentials of Delegate from St. Helena Parish 158 

REPORTS OF THE COMMITTEE OF WAYS AND MEANS. 

On the contingent account of Theodore Stark 160 

On Governor's Message, and resolutions in reference to provid- 
ing for the expenses of the Convention 160 

REPORT OF THE COMMITTEE ON PRINTING, 

On procuring printing for the Convention 162 

REPORTS OF THE COMMITTEE ON ORDINANCES AND 
RESOLUTIONS. 

On resolution as to the effect of the section in the Constitution 
requiring a six months residence in the District as a 
qualification for a Member of the General Assembly on 
those who have been obliged to remove by the casualties 
of war 163 

On resolution in reference to prohibiting the existence of slavery 164 



200 INDEX. 

On resolutions in regard to the appointment of an Agent to 

proceed to Washington, &c 165 

RESOLUTIONS. m 

Instructing the Clerk of the Convention to perform certain 

services 166 

Appointing a Commission of two persons to report to the next 

General Assembly, what laws will be necessary, &c 166 

Authorizing the Engrossing Committee to employ Clerks 167 

Directing the mode of ratifying Ordinances adopted 167 

Appointing a Committee to present to the President of the 

United States memorials in behalf of Hon. Jeff. Davis, 

Hon. A. H. Stephens, Hon. A. G. Magrath and Hon. 

George A. Trenholm 167 

Ordering pay bill to be issued to John D. Alexander 168 

x\pproT3riating a certain sum as compensation for the use of 

building in which the Convention held its meetings 168 

Requesting that the Constitution, Ordinances and Resolutions 

adopted by the Convention, be published with the Acts, 

&c, of the next General Assembly 168 

Directing the Keeper of the State House to perform certain 

service 169 

Endorsing the Administration of President Johnson, &c 169 

Acknowledgments of the Convention rendered to Hon. D. L. 

Wardlaw, President of the Convention 169 



INDEX 

TO THE 

ORDINANCES ADOPTED BY THE CONVENTION, 

SEPTEMBEB, 1865. 



OKDINANCES. 

To privide for tlie first ensuing election of Governor and Lieu- 
tenant-Governor, and for Members of the first ensuing 

General Asseembly of the State of South Carolina 173 

To declare in force the Constitution and laws heretofore in force 
in this State, and the Acts, official, public and private 
done, and appointments and elections made under 

authority of the same 176 

To provide for the expenses of the Convention 179 

To repeal the Ordinance of Secession 181 

To divide the State into four Congressional Districts 182 



INDEX 

TO THE 

CONSTITUTION OF THE STATE OF SOUTH CAROLINA, 

ADOPTED SEPTEMBEE, 1865. 



A. 

ABTICLE. SECTION. 

Acts or resolutions, to have the force of law shall, &c. 1 22 

Acts, ratification of 1 23 

Assembly, General. (See General Assembly.) 

Attainder, Bill of, shall never be passed 1 9, 2 

B. 

Bail, excessive shall not be required .9 5 

Bills for raising revenue, shall originate in the House 
of Kepresentatives, but may be altered, amended 

or rejected by the Senate. , 1 21 

Bills, other may originate in either House, and be 

amended, altered or rejected by the other 1 21 

Bills, when they shall have the force of laws 12 23, 21 

TBills of Attainder, shall never be passed 9 2 

Bills to alter the Constitution 12 2 

C. 

Census, enumeration of white inhabitants to be made. . 1 6 

Civil power superior to military 9 3 

Civil officers. (See officers.) 

Clergymen not eligible to certain offices 1 30 



204 INDEX. 

Columbia seat of Government . . . , 1 15 

Columbia, Constitution adopted at. (Conclusion. ) 
Commander-in-Chief. (See Governor.) 

Commissions, in what name and form, &c. , &c 7 3 

Convention, Delegates of the People met in, ordain 
the Constitution. (Preamble and conclusion.) 

Convention of the People, how called 12 1 

Contracts, obligation of not to be impaired 9 2 

Constitution, how to be altered or amended 12 2 

Corporate bodies, rights of, preserved 9 ij 

Courts of Law and Equity, Superior and Inferior judi- 
cial power vested in or established by the Gen- 
eral Assembly 3 1 

Courts, Inferior, styled " District Courts," to be 

established by the General Assembly 3 1 

Courts, District, one or more to be established in each 

District 3 1 

Courts, District, jurisdiction of 3 1 

Courts, District, jurisdiction may be extended by Gen- 
eral Assembly 3 1 

Courts, District, Judges of to be elected by the Gen- 
eral Assembly 3 1 

Courts, District, Judges to be residents of the District. . 3 1 

Courts, District, Judges, term of office (four years), 

re-eligible 3 1 

Courts, Superior, Judges of to be elected by the Gen- 
eral Assembly 3 1 

Courts, Superior, Judges of, term of office (during 

good behavior) 3 1 

Courts, Superior, Judges of, (compensation of, (not to 

be changed during their continuance in office) .3 ,1 

Courts for Appeal, to meet and sit in Columbia, and 
at such other places as the General Assembly 

may direct 3 2 

Crimes, high, subject of impeachment . . i G 3 

D. 

Days of General Election 1 15 

Death of Member of General Assembly, vacancy by, 

how filled ' 1 29 



INDEX. 205 

Death of Governor and Lieutenant-Governor, who 

shall succeed 2 9 

Debate, freedom of, how secured 1 19 

Delegates of the People in Convention. (Preamble.) 
Depart the State, member of General Assembly should. . 1 2'.) 
Disorderly behaviour, each House may punish mem- 
ber for 1 10 

Disqualifying office, if member accepts 1 29 

Disqualification to hold office, in case of impeachment . . 2 \) 

District Courts. (See Courts.) 

District, a single Election or Judicial. (See District 

Election.) 
District, Judicial, each to form an Election District . . 1 3 

E. 

Elections, general, for Members of the General As- 
sembly 1 15 

Elections, who may be chosen Members of the House 

of Representatives 1 13 

Elections, who may be chosen Senators 1 14 

Elections, in all, by General Assembly or either House, 

Members shall vote "viva voce" 1 25 

Elections, each House of General Assembly shall judge 
of elections, returns, qualifications of its own- 
Members, &c 1 17 

Election of Governor and Lieutenant-Governor, how 

elected and when 1 2, 4, 5, 18 

Elections, of Judges of Superior and District Courts. . 3 1 

Elections, of Treasurer and Secretary of State and 

other officers 7 1,2 

Elections, in all, made by the people, who entitled to 

vote 4 

Election Districts, how constituted 1 3 

boundaries of 1 4 

Members of the House of Repre- 
sentatives apportioned among 1 5 

Election Districts, Parishes do not constitute 1 5 

Representative for All Saints as- 
signed to Horry for a certain interval 1 6 

27 



206 INDEX. 

Election Districts, how Representatives shall be as- 
signed to 1 7 

Election Districts, each shall have one, and none 

• more than twelve Bepresentatives 1 9 

Election Districts, when apportionment of Bepresen- 
tatives shall be construed to take effect 1 10 

Election Districts, one Senator allowed to each, except 

Charleston District, which is allowed two 1 11 

Election Districts, in which citizens may vote 1 13, 14 

neglecting to choose a Member, kc. 1 29 

Eligible, who may be to a seat in the House of Bep- 
resentatives 1 13 

Eligible, w T ho may be as Senator 1 14 

who may be as Governor or Lieutenant-Gov- 
ernor 2 3, 5 

Eligible, Treasurer, Secretary of State and Sheriff not 

eligible for the next succeeding term 7 1,2 

Enumeration of white inhabitants to be made ......... 1 5, 6 

Equity Courts of, (See Courts.) 

Equitable distribution of estates of intestates 9 10 

Estate of Member protected 1 20 

Estate of Societies preserved 9 9 

Executive authority vested in Governor 2 1 

Executive Department, officers in, to give information 

to Governor when required. 2 14 

Ex Post Facto Law shall not be passed 9 2 

F. 

Fees or perquisites of office, not to be taken by 

Judges 3 1 

Felony, except from privilege against arrest 1 20 

Fines, Governor may remit 2 11 

Fines, excessive shall not be imposed 9 5 

For failures, Governor may remit 2 11 

Fraction of white population and taxes 1 7 

Ch 

General Assembly, shall consist of a Senate and House 

of Bepresentatives 1 1 



INDEX. 207 

General Assembly, Legislative authority vested in. ... 1 1 

shall assign Representatives, &c. . . 1 7 

General Assembly, lay tuxes on the actual value of the 

property taxed 1 8 

General Assembly shall meet annually at Columbia on 

the fourth Monday in November, unless, &c. ... 1 15 

General Assembly, members of protected in their per- 
sons and estates for a certain time 1 20 

General Assembly, in all elections by the members 

shall vote viva voce 1 25 

General Assembly, compensation of members of, which 
cannot be charged, to take effect, during the 
existence of the General Assembly, which shall 
make such alteration 1 26 

General Assembly, neither House of, shall adjourn for 
more than three days, &c, &c, 
without the ^msent of the other. . 1 27 

General Assembly, persons who are not eligible to a 

seat in 1 28, 30 

General Assembly, vacancies in either House, how 

filled 1 29 

General Assembly, Governor, shall give information 

to, &c 2 15 

'General Assembly, maybe convened by the Governor. .2 16 

General Assembly, may be adjourned by the Governor. . 2 16 

Government, seat of 1 15 

Government, free, founded on authority of the peo- 
ple, &c 1 

Governor, Executive authority vested in 2 1 

Governor, how and when chosen 2 2, 4, 18 

Governor, term of office 2 2 

(Governor, qualifications of office 2 3 

'Governor, compensation of 2 13 

-Governor, shall not be re-eligible for the next suc- 
ceeding term 2 2 

Governor shall be Commander-in-Chief of the Army 

and Navy, and of the Militia, except, &c 2 10 

(Governor may grant reprieves and pardons, remit fines 

and forfeitures, except, &c 2 11 



208 INDEX. 

Governor shall report to the General Assembly all par- 
dons granted by him, &c, &c 2 11 

Governor shall see that the laws be faithfully executed 

in mercy 2 12 

Governor shall give to the General Assembly informa- 
tion of the condition of the State 2 15 

Governor may require information from all officers 

in the Executive Department 2 14 

Governor may convene the General Assembly on ex- 
traordinary occasions 2 16 

Governor may adjourn the General Assembly under 

certain circumstances 2 16 

Governor shall commission all officers of the State. . . 2 17 

Governor shall take oath prescribed before entering on 

the duties of office 2 19 

Governor shall reside during the sitting of the Gene- 
ral Assembly at the place where its%ession may 
be held 2 20 

Governor may be required by the General Assembly 

to reside at the Ca£>itol of the State 2 20 

Governor shall sign all bills passed by the General As- 
sembly, before they become laws, if approved ; 
if not, return them with his objections, &c, &c. . 2 21 

Governor shall be liable to impeachment for, &c 6 3 

Governor, in case of impeachment, removal from of- 
fice, death, &c, &c., the Lieutenant-Governor 
shall succeed to his office 2 9 

Governor, Lieutenant, how and when chosen 2 5, 18 

Governor, Lieutenant, term of office of 2 f 5 

Governor, Lieutenant, qualification of 2 5 

Governor, Lieutenant, compensation of 2 IS 

Governor, Lieutenant, shall be ex officio President of 

the Senate 2 5 

Governor, Lieutenant, as President of the Senate, shall 
have no vote except the Senate be equally di- 
vided 2 6 

Governor, Lieutenant, shall succeed to the office of 

Governor in certain cases 2 9 

Governor, Lieutenant, shall take oath prescribed be- 
fore entering on the duties of office 2 19 



INDEX. 209 

Governor. Lieutenant, shall be liable to impeachment.. 6 3 

Governor, Lieutenant, in case ol' impeachment of, re- 
moval from office, death, &c, &c, the President 
re of the Senate shall succeed to his 
otiiee 2 1) 

H. 

Habeas Corpus, writ of shall not be suspended, except 

in certain contingencies 9 1 

Hereditary distinction, title of shall not be granted . . 9 6 

Houses. (See General Assembly. ) 

House of Representatives, a branch of the General 

Assembly 1 1 

House of Representatives, its members, how chosen 

and for what time I 2 

House of Representatives, its members, general elec- 
tion of .* 1 15 

House of Representatives, its members, number of 
(one hundred and twenty-four) and how appor- 
tioned 1, 5, 6, 7, 8, 10 

House of Representatives, qualifications of its 

members 1 13 

House of Representatives, persons who are not eligible 

as members 1, 28 30 

House of Representatives, its members, when terms 

of office shall begin 1 16 

House of Representatives shall judge of the elections, 

returns and qualifications of its own members. . 1 17 

House of Representatives, a majority shall constitute 

a quorum to do business 1 17 

House of Representatives, less than a majority may 
adjourn from day to day, and compel the 
attendance of absent members 1 17 

House of Representatives shall choose its own officers, 
determine rules of proceeding, punish mem- 
bers, etc 1 18 

HoiifjC of Representatives may punish persons not 

members for certain offences 1 19 

House of Representatives, members of, protected in 

persons and estates for a certain time 1 20 



210 INDEX. 

House of Representatives, bills for raising revenue 

shall originate in 1 21 

House of Representatives, members shall vote viva 

voce, &c ! 1 25 

House of Representatives members, compensation of, 
which may be increased or diminished, under 
certain circumstances 1 26 

House of Representatives shall not adjourn for more 
than three days, without the consent of the 
Senate 1 27 

House of Representatives, members accepting or 
exercising disqualifying offices shall vacate their 
seats 1 23 

House of Repretentatives, vacancies how filled 1 29 

House of Representatives, members of, being chosen 
and acting as Governor or Lieutenant-Governor 
shall vacate his seat 2 8 

House of Representatives shall have the sole power of 

impeaching". - 6 1 

I. 

Impeaching, House of Representatives has the sole 

power of a . 6 1 

Impeachments, can only be made by two-thirds of the 

House of Representatives 6 1 

Impeachments, shall be tried by the Senate and House. . 6 2 

Impeachments, who are liable to, and for what G 3 

Impeachments, judgment in eases of, shall not extend 

beyond, &c 6 3 

Imprisoned, no person shall be unlawfully 9 2 

Imprisonment, mode of punishing certain contempts. . 1 19 
Infirmity, bodily or mental, office may be declared 

vacant for ..." 6 5 

Intestates, distribution of 9 10 

J. 

Judicial power vested in such Superior and Inferior 
Courts of Law and Equity as the General As- 
sembly shall direct and establish 3 1 



INDEX. 211 

Judges of Superior Courts to be elected by the Gene- 
ral Assembly ;■> 1 

Judges of Superior Courts, term of office (during 

good behaviour) 3 1 

Judges of Superior Courts, compensation of, (which 
shall not be changed during their continuance 
in office) ; 3 1 

Judges of Superior Courts shall receive no fees, or 
perquisites of office, nor hold any other office 
of profit or trust 3 1 

Judges of Superior Courts shall meet and sit in Colum- 
bia, and such other places as the General As- 
sembly shall direct for new trials, &c. , &c 3 2 

Judges of District Courts, to be elecfed by the General 

Assembly : 3 1 

Judges of District Courts, term of office {four years) 

and re-eligible 3 1 

Judges of District Courts, jurisdiction of, which may 

be extended by the General Assembly 3 1 

Judgment, in cases of impeachment, shall not extend, 

&e 6 3 

Jury, trial by 9 7 

L. 

Law of the land 9 2 

Law, ex post facto, shall not be passed 9 2 

Laws impairing obligation of contracts shall not be 

passed 9 2 

Laws of force, at the adoption of this Constitution, 

shall so continue, &c 8 

La\vk, to be faithfully executed by Governor in mercy.. 2 12 

Law, force of, when Bill shall have 1, 2 23, 21 

Law, Courts of. (See Courts.) 

Law, for rights of primogeniture shall not be re- 
established 9 10 

Legislative authority to be vested in the General As- 
sembly 1 1 

Legislature. (See General Assembly. ) 

Liberty of conscience shall be permitted 9 8 

Liberty of the Press shall be preserved 9 7 



212 INDEX. 

Liberty of persons 9 2 

Lieutenant-Gove^fior. (See Governor, Lieutenant.) 

Life, secured 9 2 

Lot, Senators divided into classes by 1 12 



Magna Charta s 9 2 

Meeting of General Assembly. (See General Assembly.) 

Mercy, laws to be executed in 3 12 

Military subordinate to civil power 9 3 

Militia of this State, Governor shall be Commander- 
in-Chief, except, &c 2 10 

Minister of the Gospel, not eligible to certain offices . . 1 30 
Money, not to be drawn from the Treasury without 

Legislative authority 1 24 

N. 

Navy of this State f 1 28 

Governor, Commander-in-Chief of, 

except, &c 2 10 

Nobility, title of, shall not be granted 9 6 

0. 

Oath, of all persons appointed to office of profit or 

trust 5 

Office, what shall exclude from the General Assembly. . 1 28 

Officers, civil, shall be liable to impeachment 6 8 

whose authority is limited to a single 

District, etc 6 4 

Officers, civil, appointment of, removal from office, &c. . 6 4 

office of, may be declared vacant G 5 

Treasurer and Secretary of State shall 

be elected by General Assembly 7 1 

Officers, civil, other, how appointed 7 2 

how commissions are issued 7 3 

(See Governor, Judges, Treasurer, Secretary, 
Sheriff.) 
Outlawed, no person shall be except, &c 9 2 



218 

I 

Pardons may be granted by Governor, how. &e 2 11 

People, delegates of, in Convention. (Preamble and 
conclusion.) 

People, power in and government of 9 1 

Persons, protected 9 2 

Place for meeting of General Assembly. (See General 

Assembly. ) 

Population, in apportioning representation. . .1, 5, 6, 7 9 

Power, military subordinate to civil 9 3 

Preachers. (See Ministers of the Gospel.) 
President of the Senate, Lieutenant-Governor ex 

officio is 2 5 

Privileges of Members 1 19 

Privileges of societies and corporate bodies 9 9 

Process, style of 3 3 

Property secured 9 2 

Prosecutions, in what name and how concluded. 3 3 

Punishment, cruel, shall not be inflicted 9 5 

Press, liberty of. shall be preserved 9 6 

Q. 

Qualifications of voters for civil or political offices ... -L 

Quorum, a majority of either house 1 17 

Quorum, number less than, may adjourn, &e 1 17 

R. 

Ratification of Acts 1 23 

Headings of bills to have force of law 1 23 

Readings of bills to alter the Constitution 12 2 

Religious profession, -without discrimination 9 8; 

Religious societies, rights preserved 9 9 

Representation, apportionment of 1, 5, 6, 7 9 

Representatives. (See House of Representatives.) 

Reprieves may be granted by Governor 2 1] 

Returns of members, each House shall judge of 1 17 

Revenue, bills for must originate in House of Repre- 
sentatives 1 21 

Rights, declaration 9 

28 



214 INDEX. 

Eights, of primogeniture shall not be re-established . 9 10 

Eights of societies and corporate bodies shall remain . . 9 9 

Rules of proceeding, each* House to determiue. . 1 18 

S. 

Seal of State, to be affixed to Acts 1 23 

Seal of State, commissions to be sealed "with 7 3 

Secretary of State, how elected and term of office .... 7 1 

Secretary of State, not eligible for next succeeding 

term 7 1 

Secretary of State shall hold his office and reside at 

the seat of Government 11 2 

Senate, branch of the General Assembly 1 1 

Senate, composed of one member from each Election 
District, except Charleston District, which is 

allowed two Senators 1 11 

Senate divided by lot into two classes, &c 1 12 

Senate, who eligible to seat in 1 13 

Senate, who are not eligible to seat in 1 28, 30 

Senate, general elections of Senators 1 15 

Senate, terms of office of, beginning of 1 16 

Senate, shall judge of the elections, returns and quali- 
fications of its own members 1 17 

Senate, majority shall constitute a quorum, but a 
smaller may adjourn from day to day, and com- 
pel attendance of absent members 1 17 

Senate shall choose its officers, determine rules of pro- 
ceeding, punish members, &c 1 18 

Senate may punish persons, not members, &c 1 19 

Senate, members of, protected in their persons and 

estates, &c 1 20 

Senate, in all elections by, the Senators shall vote 

viva voce I 25 

Senate, shall not adjourn for more than three days, &c. , 

without consent of House of Representatives . . 1 27 
Senate, Senator accepting, or exercising a disqualify- 
ing office, shall vacate his seat 1 28 

Senate, vacancies in, how filled 1 29 

Senate, Lieutenant-Governor ex officio President of . . . 2 5 



INDEX. 215 

Senate, Senator acting as Governor or Lieutenant- 
Governor shall vacate his scat 2 8 

Senate, shall a President pro tempore, to act in the 

absence of the Lieutenant-Governor 2 7 

Senate, in case of the offices of Governor and Lieu- 
tenant-Governor and a President pro tempore 
becoming vacant in recess of, the Secretary of 
State shall convene the Senate by proclama- 
tion, etc 2 9 

Senate, all impeachments shall be tried by and how. . 6 2 

Senate. House bills to have force of law, shall be 

signed in 1 23 

Servitude, involuntary, shall not be re-established, 

except as a punishment for crime 11 11 

Sheriffs not eligible for two consecutive terms 7 2 

Slavery shall not be re-established except as a punish- 
ment for crime 11 11 

Societies, civil and religious, rites, &c. , preserved .... 9 9 

Speech, freedom of how secured 1 19 

Style of process 3 3 

T. 

Taxes in apportionment of Representatives 1 5. 7, 9 

Taxes shall be laid on actual value of property 1 8 

Tax, capitation, shall be laid, &c 10 

Tax, capitation, certain persons may be exempted 

from 10 

Title of nobility shall not be granted 9 6 

Treason, not privileged from arrest 1 20 

Treasurer, election of, and how 7 1 

Treasurer, term of office four years 7 1 

Treasurer not eligible for the next succeeding term ... 7 1 
Treasurer shall hold his office, and reside at the seat 

of Government 11 2 

TJ 

United States, office under, excludes from General 

Assembly 1 2S 



216 INDEX. 

United States, office under, Governor shall not hold . . 2 3 

Judges shall not hold 2 3 

non-commissioned officers and soldiers 
of the army of, and seamen, and marines of the 
Navy of, not to vote 4 

V. 

Vacancy in either House, how filled 1 29 

Voters, qualifications of, in all elections to be made by 
the x^eople, i&c. (See Proviso.) 4 

w. 

White inhabitants, enumeration of 1 5, 6 

in apportionment of Representa- 
tives 1 7, 9 

Writ of Election, when and how issued 1 15, 29 



( 









■ 2 •:> " ' 

Pi: -as> 
r; -. < 
C2> ■ 

221>;_.;>3r> 



Vg&mz&Mgjgjm 



^m 



»^> 2) 2S»5~ 

^> 3 2> 23 :3S>32^ 

^-^ > 2> 2» 22J» 

K-^-2* > 22> 2D 3 



^S1 : 



3J> 



y>^^xm^>yy 









^^ ai>£> 



r^>22>^ 



xy 

> ) > 
D5 > 
3X> } 

33 1> 
> 3 > 

>3 S 

2:»^B>3X3 

• > 2*> 38>2> _ 

• >; >:> i»2> _ 
,, j ?:^ -»»"> — 

c ', -= 






^ ^ - :> V >^ ^>3> 



^^»v 






>J1 






5 V^ 



>m 






33 i 
x>5> _: 
»3 
j>3 _ 

)o : 
33 _ 
>$> \ 

3» • i 

33> IZ 
3>3> ^ 
3333 1 
333 3_Z 

3333 : 






> 3 > > ! 

3033 > 

3>»>>> Q 

333» ? 
33i» > > 

^^ 3 

>i>:>3 >> 

" 33» 2> > 

3D 



3B»>3* " > 



333 ^ 

i33> 

3i>33> 



3>>ar 



• > j> >.■>_-_ 

> > )Jy _ 
K>2>33 
►3 > > 

> > ^ , - 

> > j> 
3 >_>■ 
3 33 
3 » 



> 3 3 

> 3> 

> 3 3 



:3i> 

3g> 

3>3 

Z^> 
3>3 

3» 

3»> 

33 = 

3> 



33^> 

3T_ 
3 3H 
3 3 i 

2SSE 



ok> 3 z* 



3Sf> 3>> 2 
3<>H> ~^> "z 

3J33 33 r~ 
3313* 3>3 ^ 

33 33 J> 

j> ;> 33 oo r 

3J>,33 2S> J 

33 ^>3 M>" 

33 33 >j> 

3 .) J33 A>i> "T 

3 3 3:3 o "". 
3 3 33 » ; 

=^» ^-^3^..3^ * : 

H> 3Z> 33 33 3^ 
3* >Z* >0 3 -> aj> ; 

3^ ^':> >>3 _3> j> 

> j)"Z> >3 3> i)> 

m&%- > > 3> >: 
>>3 >3 ^>: 



3 3 

3 3 

3 3 

^3^> 

3n>3 



